Idaho Administrative Code — Governor, Office of

IDAPA 15 Governor, Office of

15.06.05 Hazardous Substance Response Rules

IDAPA 15.06.05.000 Legal Authority (rule 0)

This chapter is adopted under the authority of Section 39-7101, Idaho Code.(3-31-22)

IDAPA 15.06.05.001 Scope (rule 1)

This chapter creates local emergency response authorities an d regional response teams; the location and jurisdiction of regional response teams; liability for incident response costs; notification to local and state emergency response authorities of a hazardous substance incident; call-out procedure for emergency response agencies; and cost recovery and cost reimbursement procedures for emergency response agencies.(3-31-22)

IDAPA 15.06.05.002 (Reserved)

IDAPA 15.06.05.010 Definitions (rule 10)

In addition to the definitions in Section 39-7103, Idaho Code, the following definitions apply:(3-31-22) 01.

Emergency Responder. Person affiliated with an emergency response agency who is dispatched to the scene upon notification of a hazardous substance incident. Emergency responders may be local, state, federal or industry personnel who have received appropriate hazardous materials training as defined by OSHA and EPA Regulations.(3-31-22)

02.EPCRA. Emergency Planning and Community Right to Know Act of 1986 (Title III of the Superfund Amendments and Reauthorization Act)..(3-31-22)

03.Hazardous Substance Incident. An emergency circumstance that requires a response by the state emergency response team or the local emergency response agency to monitor, assess and evaluate a release of, or the threat of a release of, a hazardous or potentially hazardous substance. A hazardous substance incident may require containment or confinement, or both, but does not include site cleanup or remediation efforts after the incident commander has determined the emergency has ended.(3-31-22)

04.Hazardous Substance Incident Levels.(3-31-22)

a.Regulatory - A release of a ‘reportable quantity’ or less of regulated hazardous substances that does not require any emergency response on the part of public sector responders. This would include a weapons of mass destruction threat or suspicion that is clearly a hoax without requiring additional analysis.(3-31-22)

b.Level 1 - An incident involving any response, public or private, to an incident involving hazardous substances that can be contained, extinguished, or abated using resources immediately available to the responders having jurisdiction. A weapons of mass destruction threat or suspicion that requires local response to determine whether or not it is life threatening. A Level 1 incident presents little risk to the environment or public health with containment and clean up.(3-31-22)

c.Level 2 - An incident involving hazardous substances that is beyond the capabilities of the first responders on the scene, and may be beyond the capabilities of the public sector response agency having jurisdiction.

Level 2 incidents may require the services of a state of Idaho Regional Response Team, or other state/federal assistance. This would include a weapons of mass destruction (WMD) threat or incident that involves explosives, release of toxic material, release of radioactive material or release of organisms that can be analyzed and stabilized using resources that exist within the state of Idaho. This level may pose immediate and long-term risk to the environment and public health and could result in a local declaration of disaster.(3-31-22)

d.Level 3 - An incident involving weapons of mass destruction/hazardous substances that will require multiple state of Idaho Regional Response Teams or other resources that do not exist within the state of Idaho. These incidents may require resources from state and federal agencies and private industry. Level 3 incidents generally pose extreme, immediate and long-term risk to the environment and public health.(3-31-22)

05.Idaho Hazardous Materials/WMD Incident Command and Response Support Plan. A plan that has the primary purpose of providing effective, coordinated emergency response support to local government by state, federal and private agencies for incidents involving the release of hazardous substances in the state of Idaho.

a.This plan may be activated independently of the Idaho Emergency Operations Plan.(3-31-22)

b.Authority for implementation of this plan is derived from the Idaho Hazardous Substance Emergency Response Act (Section 39-7101, Idaho Code), the Idaho Environmental Protection and Health Act (Section 39-101 et seq., Idaho Code), the Hazardous Waste Management Act (Section 39-4401 et.seq., Idaho Code), Protection from Radioactive Materials (Section 39-3005, Idaho Code), and the Idaho Homeland Security Act of 2004 (Section 46-1001 et.seq. Idaho Code).(3-31-22)

06.Idaho Regional Response Teams. Teams authorized by the state of Idaho which are trained and equipped to respond to incidents. These teams are based in local departments and respond outside local jurisdictional boundaries upon approval of the Office of Emergency Management. These teams include Regional Hazardous Materials Response Teams (RRT’s) as well as Regional Bomb Squads (RBS’s). The Idaho Regional Response Teams are responsible to the local Incident Commander.(3-31-22)

07.Incident Command System (ICS)/National Incident Management System (NIMS). (3-31-22)

a.The Incident Command System (ICS) is a widely used and understood emergency management tool. It is used by local, state, and federal agencies and the military. Use of the ICS for hazardous substance incidents is required by the Emergency Planning and Community Right to Know Act (EPCRA), Occupational Safety and Health Administration (OSHA) rules, and the National Fire Protection Association (NFPA). It has been adopted by the National Fire Academy as the model system for the fire service. It is also the policy of the state of Idaho that the ICS will be used in response to hazardous substance incidents.(3-31-22)

b.NIMS is a system mandated by Homeland Security Presidential Directive 5 that provides a consistent nationwide approach for federal, state, local and tribal governments, as well as the private-sector and nongovernmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity. NIMS builds on the ICS and the proven principles of unified command.(3-31-22)

08.Incident Commander. The designated local emergency response official responding to an incident. This person must be fully trained and knowledgeable in the ICS. Normally, the Incident Commander will be the local fire chief or law enforcement officer. A local jurisdiction, based on its local plan and resource assessment, may request that Idaho State Police assume incident command, particularly for incidents on U.S. Interstates and statenumbered routes, including rights-of-way. The Incident Commander is in overall charge of all efforts at the scene.

09.Local Emergency Planning Committee (LEPC). A committee made up of local officials, citizens, and industry representatives charged with development and maintenance of emergency response plans for the local emergency planning district as per EPCRA requirements. Planning procedures include hazardous substance inventories, compilation and coordination of fixed facility emergency response plans, hazardous substance response training, and assessment of local response capabilities.(3-31-22)

10.Regional Response Team (RRT). See Idaho Regional Response Teams.(3-31-22)

11.Reimbursable Costs. The total eligible expenses arising from response to a hazardous substance incident. Such costs generally include, but are not limited to, all state and local government expenses that result from the assessment and emergency phases of the response activity. Emergency response costs do not include clean-up or disposal costs of hazardous substances, except as may be reasonably necessary and incidental to preventing a release or threat of release of a hazardous substance or in stabilizing the emergency response incident.(3-31-22)

12.Responsible Party or Spiller. Any person who owns, controls, transports, or causes the release, or threat of release of a hazardous substance which is involved in a hazardous substance incident shall be strictly liable for the costs arising out of the response.(3-31-22)

13.State Communications. The communications center for state hazardous substance emergency response. State Communications can be reached by calling 1-800-632-8000 or 208-846-7610. Notification of State Communications is the first step in initiating the Idaho Hazardous Materials/WMD Incident Command and Response Support Plan.(3-31-22)

14.State Emergency Response Teams. See Idaho Regional Response Teams.(3-31-22)

15.State On-Scene Coordinator (SOSC). To ensure coordination during a significant incident, the state of Idaho will provide a State On-Scene-Coordinator (SOSC). The SOSC will facilitate the formation of a unified command during a significant incident. Under Unified Command, the Idaho SOSC can assist by acquiring resources, advising on response issues, and coaching the jurisdiction in overall scene management. The SOSC will coordinate with responding state agencies and be the principal state spokesperson in the unified command as an advocate for all state interests. In this role, the SOSC effectively represents the interests of the state of Idaho and its citizens. The Idaho SOSC will be appointed by the Director, Office of Emergency Management or his designee.(3-31-22)

IDAPA 15.06.05.011 Abbreviations (rule 11)

01.A.G. Of fice of the State Attorney General.(3-31-22)

02.CERCLA. Comprehensive Environmental Response, Compensation, and Liability Act. (3-31-22)

03.CFR. Code of Federal Regulations.(3-31-22)

04.HMTA. Hazardous Materials Transportation Act.(3-31-22)

05.NIMS. National Incident Management System.(3-31-22)

06.NFPA. National Fire Protection Act.(3-31-22)

07.OEM. Office of Emergency Management.(3-31-22)

08.OSHA. Occupational Safety and Health Administration.(3-31-22)

09.RBS. Idaho Regional Bomb Squads.(3-31-22)

10.WMD. Weapons of Mass Destruction.(3-31-22)

IDAPA 15.06.05.012 (Reserved)

IDAPA 15.06.05.100 Regional Response Teams, Designation, Location, Jurisdiction, Activation,

LIABILITY (RULE 100).

01.Designation of Regional Response Teams. Each RRT shall be capable of responding to hazardous substance emergencies within their jurisdiction or, when approved by the state of Idaho Military Division, Office of Emergency Management, in their region, or other state regions.(3-31-22)

02.Location of Regional Response Teams.

Area of IdahoPrimary Response CountiesDesignation Team Location – Headquarters Region 1 Benewah, Bonner, Boundary, Kootenai, Shoshone RRT1 Kootenai County Fire  and Rescue Spokane Bomb Squad Spokane Police and  Sheriff’s Office

03.Primary Jurisdiction of Regional Response Teams. See Subsection 100.02 of these rules.

04.Activation of Regional Response Teams.(3-31-22)

a.The party requesting the assistance must:(3-31-22)

i.Contact State Communications at 1-800-632-8000, or (208-846-7610.(3-31-22)

ii.State their name;(3-31-22)

iii.State their location;(3-31-22)

iv.Provide a description of the incident; and(3-31-22)

v.Provide a description of the type of assistance requested.(3-31-22)

b.RRTs must be activated by the Military Division when responding outside their jurisdiction by calling Idaho State Communications Center at 800-632-8000, or (208) 846-7610. This will initiate a conference call, if appropriate, with the appropriate state and local agencies.(3-31-22)

c.If the request is for assistance with a drug lab response, the requester must call State Communications and provide the following:(3-31-22)

i.That the request is for a drug lab response;(3-31-22)

Region 2 Clearwater, Idaho, Latah,  Lewis, Nez Perce RRT2Lewiston Fire Department Explosive response covered by Spokane and RBS3 Region 3 Adams, Canyon, Gem, Owyhee, Payette, Washington  (Gem response may come from Boise for access time)

RRT3

Nampa/Caldwell  Fire Department RBS3Nampa Police Department Region 4 Ada, Boise, Camas,  Elmore, Valley  (Gem response for access time)

RRT4Boise Fire Department RBS4Boise Police Department Region 5 Blaine, Cassia, Gooding, Jerome, Lincoln, Minidoka, Twin Falls (Minidoka and Cassia may come from Southeast for access time)

RRT 3, 4, 6, 7RRTs 3, 4, 6, 7 RBS5Twin Falls Police Department Region 6 Bannock, Bear Lake, Butte, Bingham, Caribou, Franklin, Oneida, Power  (Minidoka and Cassia responses for access time)

RRT6Pocatello Fire Department Explosive response covered by RBS5 and RBS7 Region 7 Bonneville, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, Teton RRT7Idaho Falls Fire Department RBS7Idaho Falls Police Department Area of IdahoPrimary Response CountiesDesignation Team Location – Headquarters

ii.The location, which must include, at a minimum, the county and city;(3-31-22)

iii.The type of assistance requested; and(3-31-22)

iv.The nature of the chemicals released.(3-31-22)

d.State communications will then page the OEMHS Haz Mat Duty Officer, provide the information, and request authorization for the RRT to respond. Upon authorization, State Communications will notify the appropriate RRT of the request for assistance and the authorization to respond.(3-31-22)

05.Reimbursable Costs -- Hazardous Substances.(3-31-22)

a.State emergency response teams and local emergency response agencies may submit claims within sixty (60) days of the termination of the incident, to the Military Division for reimbursement. Eligible documented costs, incurred as a result of their response to a hazardous substance incident, may be submitted.(3-31-22)

b.State emergency response teams and local emergency response agencies may submit claims within sixty (60) days of the termination of the incident, to the Military Division for reimbursement. The following documented costs, incurred as a result of their response to a hazardous substance incident may be submitted:

i.Disposable materials and supplies acquired, consumed, and expended specifically for the purpose of the response;(3-31-22)

ii.Compensation of employees for the time and efforts devoted specifically to the response that are not otherwise provided for in the applicant’s operating budget, (e.g., overtime pay for permanent fulltime and other than fulltime employees, recalled personnel or responding when out of jurisdiction);(3-31-22)

iii.Rental or leasing of equipment used specifically for the response (e.g., protective equipment or clothing, scientific and technical equipment);(3-31-22)

iv.Replacement costs for equipment owned by the applicant that is contaminated beyond reuse or repair, if the applicant can demonstrate that the equipment was a total loss and that the loss occurred as a result of the response (e.g., self-contained breathing apparatus irretrievably contaminated during the response);(3-31-22)

v.Decontamination of equipment contaminated during the response;(3-31-22)

vi.Special technical services required for the incident response (e.g., costs associated with the time and efforts of local and state personnel to recover the costs of response, and of technical experts/specialists not otherwise provided for by the local government);(3-31-22)

vii.Medical monitoring, treatment of response personnel, and rehabilitation costs as per 29 CFR 1910, 120; NFPA 1500; and NFPA 1584; and(3-31-22) viii.Laboratory costs for purposes of analyzing samples taken during the response.(3-31-22)

c.Reimbursement for costs will not exceed the duration of the response. Reimbursements shall only be paid after the military division finds that the actions by the RRT, or the emergency response agency were taken in response to a hazardous substance incident as defined in this chapter.(3-31-22)

06.Liability for Response Costs - Non-Hazardous Substances.(3-31-22)

a.The spiller or transporter of non-hazardous substances shall be liable for the response costs of spills of non-hazardous substances when the spiller or transporter failed to comply with laws or regulations of the state or fed eral government which would have facilitated identification of the product as a non-hazardous substance.

b.The person or entity requesting assistance in all other instances shall be liable for response costs to non-hazardous substances.(3-31-22)

IDAPA 15.06.05.101 (Reserved)

IDAPA 15.06.05.200 Lera (rule 200)

01.Responsibility of Local Governments for Establishment of LERA. LERA means those persons or agencies designated under Section 39-7105, Idaho Code, by the city, or county to be the first response authority for hazardous substance incidents.(3-31-22)

02.LERA Powers and Duties.(3-31-22)

a.Respond: The LERA will provide response to all hazardous substances incidents in their jurisdiction and to any incidents that overlap jurisdictions in a fashion consistent with the Idaho Hazardous Materials/ WMD Incident Command and Response Support Plan except as provided in a local emergency response plan.

b.Initiate State Plan: The LERA may request state assistance consistent with the Idaho Hazardous Materials/WMD Incident Command and Response Support Plan through the State Communications Center.

c.Right to Claim Reimbursement: The LERA may claim reimbursement or costs associated with a hazardous substance emergency directly from the spiller, shipper, transporter, property owner, occupant or party responsible for the hazardous substance incident or emergency. The LERA may, in the alternative, if the incident was reported to the State, submit claims to the Military Division within sixty (60) days after the termination of an incident for the reimbursement of documented costs listed in Section 39-7109, Idaho Code, incurred as a result of response to a hazardous substance incident. Reimbursement claims for those costs may not exceed the duration of the response.

The LERA must provide a written incident report and any backup documentation to the Military Division containing the following information:(3-31-22)

i.Date and time of incident;(3-31-22)

ii.Type of incident;(3-31-22)

iii.Level of response required;(3-31-22)

iv.Response action taken;(3-31-22)

v.Time the incident commander declared the incident ended;(3-31-22)

vi.Follow-up information; and(3-31-22)

vii.Any other pertinent information such as responsible party etc.(3-31-22)

d.Local Planning: The LERA, as a member of the LEPC, should be an active participant in their jurisdictions emergency planning process.(3-31-22)

03.Training. Personnel responding to a hazardous substance emergency shall be trained, at a minimum, to the Hazardous Substance Operations level. In addition, all personnel must have training in the ICS and the NIMS set forth in the Idaho Hazardous Materials/WMD Incident Command and Response Support Plan.

04.LERA Notification.(3-31-22)

a.Any spiller, shipper, transporter, property owner, occupant or other person with knowledge of a hazardous substance incident shall notify the LERA of any spill or potential spill.(3-31-22)

b.Notification of the LERA may be through the local dispatch authorities or through the State Communications Center at 800-632-8000, or (208) 846-7610. The State Communications Center shall notify the Local Authority and the Military Division HAZMAT Duty Officer.(3-31-22)

c.The spiller, shipper, transporter, property owner, occupant or other person with knowledge of a hazardous substance incident notifying the LERA and State Communications Center shall provide their:(3-31-22)

i.Name;(3-31-22)

ii.Address and telephone number;(3-31-22)

iii.An address and telephone number where they can be reached for the duration of the incident.

d.Such person shall remain available to the incident commander throughout the duration of the incident.(3-31-22)

IDAPA 15.06.05.201 (Reserved)

IDAPA 15.06.05.300 Cost Reimbursement (rule 300)

01.Submission of Claims and Forms. Stat e RRTs and local emergency response agencies may submit claims within sixty (60) days of the termination of the incident to the State of Idaho, Military Division, for reimbursement of documented and reimbursable costs incurred as a result of their response to a hazardous or potentially hazardous substance incident. Reimbursable costs are those set forth in Section 39-7109, Idaho Code.

02.Limitations for Seeking Reimbursement, Acceptance of Claims. Claims for reimbursement shall be submitted to the Military Division within sixty (60) days after termination of the hazardous substance incident for the State’s determination of payment. Termination of the incident occurs when the Incident Commander declares the incident terminated. The Military Division will review the costs submitted and notify the response agency or agencies as to which costs disqualify for reimbursement within thirty (30) days of receipt.(3-31-22)

03.Claims Against Spiller or Other Responsible Party.(3-31-22)

a.Upon receipt and review of claims for reimbursement within sixty (60) calendar days after close of incident, the Military Division will compile a thirty (30) calendar day demand letter to the responsible party to be sent certified mail, as well as standard mail, with a copy of the complete packet.(3-31-22)

b.If responsible party does not respond or submit payment within thirty (30) calendar days of first letter, a ten (10) calendar day demand letter will be sent certified mail.(3-31-22)

c.If the responsible party has not responded to the ten-day letter; within ten (10) calendar days, a packet will be assembled for the A.G. This packet will include the entire file, and a letter to the A.G. explaining the steps taken and requesting their assistance in collecting the costs.(3-31-22)

d.If the responsible party does not respond to the A.G., upon their recommendation, the packet will be submitted to a Collection Agency. If the incident is submitted to a collection agency, the responsible party will incur additional costs.(3-31-22)

04.Cost Recovery, Deficiency Warrants. The Military Division is responsible for recovering documented and reimbursable costs incurred from the spiller. If a spiller is unknown, cannot be located, or refuses to pay upon demand, the Military Division will make recommendations as to payment to the Board of Examiners within one hundred twenty (120) days after termination of the hazardous substance incident. The Board of Examiners may authorize the issuance of deficiency warrants for the purpose of reimbursing reasonable and documented costs associated with emergency response actions taken by response agencies.(3-31-22)

05.Civil Actions. It is the duty of the A.G. to commence any civil action brought by the Military Division pursuant to nonpayment from a spiller. At the request of the Military Division, a political subdivision of the state, or a local governmental entity that has responded to or contained a hazardous substance incident, the A.G. may commence a civil action on their behalf.(3-31-22)

IDAPA 15.06.05.301 Duty to Cooperate (rule 301)

01.Responding Agencies. Local em ergency response authorities, first responders, and regional response teams shall cooperate with the Military Division and the A.G. in collecting and securing payment from the spiller or other responsible party.(3-31-22)

02.Cooperation Provided. Such cooperation includes, but is not limited to:(3-31-22)

a.Allowing lawsuits to be filed in the name of the local jurisdiction, LERA, or regional response team;(3-31-22)

b.Providing testimony and assistance in preparing for trial;(3-31-22)

c.Investigation;(3-31-22)

d.The collection of evidence, including securing photographs or videotape of the spill site; and

e.Providing relevant test data.(3-31-22)

IDAPA 15.06.05.302 (Reserved)

15.01.02 Rules Governing Adult Protective Services Programs

IDAPA 15.01.02.000 Authority

Under authority of Sections 67-5003 an d 39-5312, Idaho Code, the ICOA adopts the following rules.(4-6-23)

IDAPA 15.01.02.001 Title and Scope

01.Title.

These rules are titled IDAPA 15.01.02, “Rules Governing Adult Protective Services Programs.”(4-6-23)

02.Scope. These rules relate to the authority and responsibilities of Providers to administer adult protective services.(4-6-23)

IDAPA 15.01.02.002 (Reserved)

IDAPA 15.01.02.010 Definitions

Any item not specifically defined below has the same meaning as those defined in Idaho Code Title 39 Chapter 53 “Adult Abuse, Neglect, and Exploitation Act” or IDAPA 15.01.01, “15.01.01, “Rules Governing Senior Services and Older Americans Act Programs.”(4-6-23)

01.Adult Protective Services (APS). The legal and bureaucratic systems and protections safeguarding vulnerable adults through investigations of reports alleging vulnerable adult maltreatment and arrangements for the provision of emergency or supportive, and preventative services necessary to reduce or eliminate risk of harm.(4-6-23)

02.Provider. An Area Agency on Aging or a person or entity capable of providing APS, including duly authorized agents and employees.(4-6-23)

IDAPA 15.01.02.011 (Reserved)

IDAPA 15.01.02.020 Policy Statement

The ICOA is charged by statute to provide APS services to ensure the vulnerable adult population in Idaho is protected from vulnerable adult maltreatment. Protective services will be provided that are the least restrictive to personal freedom and ensure the maximum independence of individuals served. In protecting the vulnerable adult population, APS may also provide assistance to caregivers experiencing difficulties in maintaining or supporting a vulnerable adults.(4-6-23)

IDAPA 15.01.02.021 Administrative Requirements

In accordance with Section 67-5011, Idaho Code, the ICOA will administer APS through contracts with Area Agencies on Aging. (4-6-23)

IDAPA 15.01.02.022 Provision of Service Requirements

In accordance with Section 67-5011, Idaho Code, each Provider assu mes all responsibilities cited in Title 39, Chapter 53, Idaho Code.(4-6-23)

01.Confidentiality. All records relating to a vulnerable adult and held by a Provider are confidential and shall only be divulged as permitted pursuant to Idaho Code Sections 39-5307 and 39-5308 and Federal Law, whichever is more restrictive.(4-6-23)

02.Contracts. Each Provider must administer APS pursuant to contracts delineating the duties and obligations of the APS program.(4-6-23)

03.Court Visitors. Providers shall not serve as a court appointed visitor in a guardianship or conservatorship proceeding involving a proposed ward who is or has been the alleged victim in an APS investigation.

(4-6-23)

04.Direct Provision of Service. Area Agencies on Aging will administer APS as a direct service or may subcontract the service to another Provider at the sole discretion of the Administrator.(4-6-23)

05.Provider Guidance: Provider guidance is developed, modified, and updated by the ICOA with input from appropriate stakeholder groups and approved by the Administrator. Guidance may be modified to adhere to state or federal law or regulations. Guidance may include manuals, training, standardized forms and assessment tools or other documentation as necessary.(4-6-23)

IDAPA 15.01.02.023 (Reserved)

IDAPA 15.01.02.031 Investigative Requirements

01.Review of Allegations.

Upon receipt of an APS report of vulnerable adult maltreatment the Provider shall conduct a review of the allegations of such report to determine whether:(4-6-23)

a.The report was required to be made pursuant to Section 39-5303, Idaho Code;(4-6-23)

b.An emergency exists; and(4-6-23)

c.In cases involving resident-to-resident contact to determine whether the case involves the sexual abuse, death, or serious physical injury jeopardizing the life, health, or safety of a vulnerable adult, or involves repeated physical or verbal altercations between residents, not resulting in observable physical or mental injury, but constituting an ongoing pattern of resident behavior that a facility’s staff is unable to remedy through reasonable efforts.(4-6-23)

02.Need for Investigation. If, based on its review, the Provider determines that a report involves a facility, and was required to be made to the Department pursuant to Section 39-5303, Idaho Code, the Provider shall immediately refer the report to the Department. If, based on its review, the Provider determines that a report involving resident-to-resident contact was exempted from reporting by Section 39-5303, Idaho Code, no further investigation need be conducted on such report. The Provider shall investigate all other reports.(4-6-23)

03.Vulnerability Determination. Upon investigating an APS report, the Provider shall determine whether an alleged victim is vulnerable. If the alleged victim is determined to be vulnerable the Provider shall continue the investigation to determine if the report is substantiated or unsubstantiated. If the alleged victim is not vulnerable the investigation shall be closed; however, the Provider may provide a referral to Information and Assistance, Case Management, the Ombudsman, law enforcement or other appropriate entity for investigation and resolution.(4-6-23)

04.Investigative Determinations. The Provider shall make one (1) of two (2) investigative determinations upon completion of an APS investigation:(4-6-23)

a.Substantiated. A report of vulnerable adult maltreatment by another individual is deemed substantiated when, based upon limited investigation and review, the Provider perceives the report to be credible. A substantiated report shall be referred immediately to law enforcement for further investigation and action.

Additionally, the name of the individual against whom a substantiated report was filed shall be forwarded to the Department for further investigation. In substantiated cases of self-neglect, the Provider shall initiate appropriate referrals for supportive services with the consent of the vulnerable adult or his legal representative.(4-6-23)

b.Unsubstantiated. If a report is unsubstantiated, but the Provider determines that the vulnerable adult has unmet service needs, the Provider shall initiate appropriate referrals for supportive or prevention services with consent of the vulnerable adult or their legal representative.(4-6-23)

05.Caregiver Neglect. In investigating a report of caregiver neglect, the Provider shall take into account any deterioration of the mental or physical health of the caregiver resulting from the pressures associated with care giving responsibilities that may have contributed to the neglect of the vulnerable adult. In such cases, the Provider shall make every effort to assist the informal primary caregiver in accessing available social, supportive or prevention services necessary to reduce the risk to the vulnerable adult. Formal caregivers may be served at the discretion of the APS provider.(4-6-23)

IDAPA 15.01.02.032 (Reserved)

15.01.03 Rules Governing the Ombudsman for the Elderly Program

IDAPA 15.01.03.000 Legal Authority

Under authority set forth in the OAA and Title 67, Chapter 50, Idaho Code, Section 67-5009, ICOA adopts the fo llowing rules.(3-31-22)

IDAPA 15.01.03.001 Title and Scope

01.Title.

These rules are titled IDAPA 15.01.03, “Rules Governing the Ombudsman for the Elderly Program.”(3-31-22)

02.Scope. These rules relate to the authority, responsibility, and designation of the ombudsman program.(3-31-22)

IDAPA 15.01.03.002 (Reserved)

IDAPA 15.01.03.010 Definitions

Any item not specifically defined below has the same m eaning as those defined in IDAPA 15.01.01, “Rules Governing Senior Services Program,” and the Older Americans Act (OAA), Section 711, and Title 67, Chapter 50, Idaho Code.(3-31-22)

01.Access. Right to enter long-term care facility upon notification of person in charge.(3-31-22)

02.Affected Parties. Long-term care facilities, state or county departments or agencies, or others against whom a complaint has been lodged.(3-31-22)

03.Area III. Planning and service area made up of: Canyon, Valley, Boise, Gem, Elmore, Washington, Ada, Adams, Payette, and Owyhee counties.(3-31-22)

04.Complainant. The local ombudsman or any individual or organization who registers a complaint with the local ombudsman.(3-31-22)

05.Complaint Investigation/Resolution. Activities related to receiving, analyzing, researching, observing, interviewing, verifying or resolving a complaint through advocacy, facilitation, conciliation, mediation, negotiation, representation, referral, follow-up, or education.(3-31-22)

06.Complaints. Allegations made by or on behalf of eligible clients, whether living in long-term care facilities or in the community.(3-31-22)

07.Designation. Process by which the Office approves the location of local ombudsman programs within AAAs and delegates to such programs the authority to carry out the purposes of the program.(3-31-22)

08.Local Ombudsman. An individual associated with a designated local Ombudsman for the Elderly Program, who performs the duties of ombudsman.(3-31-22)

09.Long-Term Care Facility. Skilled nursing facilities as defined in IDAPA 16.03.02, Subsection 002.33, “Skilled Nursing Facilities,” and residential assisted living facilities as defined in IDAPA 16.03.22, “Residential Assisted Living Facilities.”(3-31-22)

10.Non-Jurisdictional Complaints. Complaints made by or on behalf of residents of long-term care facilities who are under the age of sixty (60) or complaints concerning persons outside the statutory jurisdiction of an ombudsman.(3-31-22)

11.Office. Office of the State Ombudsman for the Elderly pursuant to Title 67, Chapter 50, Idaho Code, Section 67-5009.(3-31-22)

12.Resident. Resident as defined in IDAPA 16.03.22, “Residential Assisted Living Facilities.”

(3-31-22)

IDAPA 15.01.03.011 (Reserved)

IDAPA 15.01.03.020 Administrative Requirements

Each AAA local ombudsman program shall meet all administrative requirements as cited in OAA, Section 712 (a), and Title 67, Chapter 50, Idaho Code, Section 67-5009, unless granted a waiver by the Office.(3-31-22)

01.Procedures. All local ombudsmen shall follow procedures outlined in the Office Procedures Manual.(3-31-22)

02.Space. Each AAA shall provide space assuring privacy for local ombudsmen to hold confidential meetings.(3-31-22)

03.Supervision. Local ombudsmen shall operate under the direct supervision of the Office for all complaint handling activities and are considered subdivisions of the Office.(3-31-22)

04.Forms. All local ombudsmen shall utilize standardized forms provided by the Office.(3-31-22)

05.Conflict of Interest. AAAs shall ensure that the local ombudsmen are not part of an organization that:(3-31-22)

a.Is responsible for licensing and certifying skilled nursing or residential assisted living facilities under IDAPA 16.03.22, “Residential Assisted Living Facilities”;(3-31-22)

b.Provides skilled nursing or living care or is an association of such a provider; or(3-31-22)

c.May impair the ability of the local ombudsmen to investigate and resolve complaints objectively and independently.(3-31-22)

06.Travel Funds. Each AAA shall provide travel funds for the local ombudsman program to carry out activities related to complaint investigations.(3-31-22)

07.Program Report. All local ombudsman programs shall comply with the Office’s reporting requirements.(3-31-22)

08.Program Reviews. Each AAA shall submit to a program review of local ombudsman programs at reasonable intervals deemed necessary by the Office.(3-31-22)

09.Adult Protection and Ombudsman Coordination. Each AAA shall ensure that Adult Protection staff and the local ombudsman maintain a written agreement establishing cooperative protocols in the investigation of complaints.(3-31-22)

10.State Agreements. All local programs shall honor and carry out state-level agreements between the Office and other agencies of government.(3-31-22)

IDAPA 15.01.03.021 Staffing

Pursuant to the OAA, Section 712, in order to meet mi nimum requirements established for the position of local ombudsman, each AAA shall seek applicants having the following qualifications.(3-31-22)

01.Minimum Qualifications. Any person hired to fill the position of local ombudsman on or after July 1, 1998, shall have:(3-31-22)

a.A Bachelor’s degree or equivalent;(3-31-22)

b.Minimum of one (1) year’s experience working with the elderly;(3-31-22)

c.Ability to effectively communicate verbally and in writing;(3-31-22)

d.Knowledge of long-term care issues and resources;(3-31-22)

e.Demonstrated ability to interpret and apply relevant local, state and federal laws, rules, regulations, and guidelines;(3-31-22)

f.Demonstrated ability to work independently;(3-31-22)

g.Demonstrated skill in interviewing techniques; and(3-31-22)

h.Demonstrated ability to collect data, conduct interviews and to form conclusions.(3-31-22)

02.Hiring. The Office shall be included in the process of interviewing and selecting applicants for the local ombudsman position. The AAA shall make the final selection from the top three (3) applicants.(3-31-22)

IDAPA 15.01.03.022 (Reserved)

IDAPA 15.01.03.031 Designation of Authority of Aaa

The Office shall designate an entity as a local ombudsman.(3-31-22)

01.Designation of Authority. Each AAA shall directly provide, through a contract agreement with the ICOA, a local ombudsman program employing at least one (1) full-time local ombudsman whose function is to carry out the duties of the Office. AAAs I, II, IV, V and VI shall employ one (1) full-time local ombudsman; AAA III shall employ two (2) full-time local ombudsmen. An AAA may petition the Office in writing for a waiver of this requirement.(3-31-22)

02.Grounds for Revocation or Termination. In revoking a designated local ombudsman program, the Office shall provide due process in accordance with applicable law and IDAPA 04.11.01, Section 000, et seq., “Idaho Rules of Administrative Procedure of the Attorney General.”(3-31-22)

a.Following termination of a local ombudsman program, the Office shall perform the duties of the local program and withdraw funding for the local program for the remainder of the funding period.(3-31-22)

b.An AAA’s appeal of the Office’s termination of its local ombudsman program shall be governed by the Adjudicatory Rules of Practice and Procedures in Claims Relating to Contracts and Grants Funded under Title III, OAA.(3-31-22)

IDAPA 15.01.03.032 Handling of Complaints

The Office has jurisdiction to accept, identify , investigate, and resolve complaints made by, or on behalf of, persons aged sixty (60) or older, living in the community or in long-term care facilities. The Office and the local ombudsmen shall ensure that persons aged sixty (60) or older have regular and timely access to services provided through the Office. The Office shall represent the interests of older persons before governmental agencies and seek to protect the health, safety, welfare and rights of older persons.(3-31-22)

01.Non-Jurisdictional Complaints. Local ombudsmen may respond to complaints made by or on behalf of under age sixty (60) long-term care residents where such action will:(3-31-22)

a.Benefit other residents; or(3-31-22)

b.Provide the only viable avenue of assistance available to the complainant.(3-31-22)

02.Conflict of Interest. Local ombudsmen shall refer to the Office any complaint involving AAA staff or contractors.(3-31-22)

03.Complaints. Complaints concerning local ombudsmen, or relative to a local ombudsman’s official duties, shall be directly referred to the Office. The Office, upon completing an investigation of such complaint, shall provide findings and recommendations to the AAA.(3-31-22)

04.Guardianship. The local ombudsmen shall not serve as an ex-officio or appointed member of any Board of Community Guardian, nor file an affidavit to the court for guardianship.(3-31-22)

05.Court Visitor. The local ombudsmen shall not act as court visitor in any guardianship/ conservatorship proceeding concerning a past or current client.(3-31-22)

06.Legal Documents. Local ombudsmen shall not, in their capacity as ombudsmen, act as a notary or a witness of signatures for legal documents.(3-31-22)

IDAPA 15.01.03.033 Access

The Office shall ensure that representatives of the Office h ave access to long-term care facilities and residents as well as appropriate access to medical and social records, and resident representative contact information needed to investigate complaints.(3-31-22)

01.Visitation. For visitation purposes, local ombudsmen shall have access to long-term care facilities during regular business hours. Visiting local ombudsmen shall:(3-31-22)

a.Notify the person in charge upon entering the facility;(3-31-22)

b.Be allowed to visit common areas of the facility and the rooms of residents if consent is given by the resident; and(3-31-22)

c.Communicate privately and without restriction with any resident who consents to the communication.(3-31-22)

02.Investigation. Local ombudsmen shall have access to long-term care facilities at any time for the purpose of conducting investigations. A local ombudsman conducting an investigation shall:(3-31-22)

a.Notify the person in charge upon entering the facility;(3-31-22)

b.Be allowed to visit common areas of the facility and the rooms of residents if consent is given by the resident;(3-31-22)

c.Seek out residents who consent to communicate privately;(3-31-22)

d.Communicate privately and without restriction with any resident who consents to the communication; and(3-31-22)

e.Inspect a resident’s records under conditions set forth in the OAA, Section 712.(3-31-22)

f.Inspect facility administrative records, policies, and documents that are accessible to the resident and general public.(3-31-22)

03.Privacy. Local ombudsmen shall have statutory authority to visit facilities and residents in facilities unescorted by facility personnel. See Section 67-5009, Idaho Code.(3-31-22)

04.HIPAA. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, 45 CFR 164, subparts A and E, does not preclude release by the facility of resident private health information or other resident identifying information to the Office.(3-31-22)

IDAPA 15.01.03.034 (Reserved)

IDAPA 15.01.03.041 Written Consent

The Office shall ensure appropriate access to review medical and social records of a resident. (See OAA, Section 712)(3-31-22)

01.Resident Written Consent. Access to confidential records requires the written consent of the resident or legal representative.(3-31-22)

02.Lack of Consent. If the client is unable to provide written or oral consent, or the legal representative is unavailable to provide consent, the local ombudsman, with approval of the Office may inspect available client records, including medical records that are necessary for investigation of a complaint.(3-31-22)

03.Consent Refused. If a local ombudsman has been refused access to records by legal representative but has reasonable cause to believe that the legal representative is not acting in the best interest of the client, the local ombudsman may, with the approval of the Office, inspect client records, including medical records.(3-31-22)

04.Requirements for Informing Client or Resident. The local ombudsman shall inform the complainant or resident regarding:(3-31-22)

a.Who will receive the information;(3-31-22)

b.What information will be disclosed; and(3-31-22)

c.The purpose for which the information is being disclosed.(3-31-22)

IDAPA 15.01.03.042 Confidentiality

The Office shall be the custodian of all local ombudsman program records including, but not limited to, records and files containing personal information relative to complainants and residents of long-term care facilities. Requests for release of confidential information shall be submitted to the Office for approval or denial. Release of information shall be granted pursuant to OAA, Section 721(e).(3-31-22)

01.Storage of Records. Client records shall be maintained in locked storage. Case records inactive for two (2) years or longer may be expunged. As required by law, release of these records shall be limited to persons authorized by the Office.(3-31-22)

02.Performance Evaluations. For performance evaluation purposes, direct supervisors shall have access to client files maintained by local ombudsmen.(3-31-22)

03.Confidential Records. Records to be safeguarded include, but are not limited to, long-term care and community-based complaint files including:(3-31-22)

a.Notes of interviews with complainants and clients or collateral contacts;(3-31-22)

b.All copies of residents’ medical records or diagnoses;(3-31-22)

c.All records relevant to complaint investigations;(3-31-22)

d.All memoranda generated by the Office or by another agency office during the evaluation and resolution of a complaint;(3-31-22)

e.All photographs, video tapes, tape recordings, etc. pertaining to complaint investigation; (3-31-22)

f.All memoranda or letters generated during evaluation or resolution of a complaint;(3-31-22)

g.Written documentation that parties affected by ombudsman opinions or recommendations have been notified; and(3-31-22)

h.Information containing unverified complaints about long-term care facility owners, administrators, staff or other persons involved in the long-term care system or in other service programs.(3-31-22)

04.Request for Anonymity. The ombudsman shall honor a resident’s or complainant’s request to remain anonymous. If investigation of a complaint requires that a resident’s or complainant’s name be divulged in order for the investigation to proceed, the ombudsman shall so inform the resident or complainant. If the resident or complainant insists on maintaining anonymity, the ombudsman may terminate the investigation.(3-31-22)

IDAPA 15.01.03.043 Disclosure

The Office is the only entity authorized to disclose ombudsm en program files, records, or information. Identifying information of any resident or complainant shall be disclosed only with proper consent or in response to a court order.

The Office, in its sole discretion, may delegate the disclosure of ombudsman program files, records, or information to a local ombudsman.(3-31-22)

01.Court Order. Identifying information of a resident, complainant, or both may be disclosed, with or without the consent of the resident, complainant, or both, pursuant to a court order issued by a court of competent jurisdiction.(3-31-22)

02.Resident Consent. Without a court order, identifying information of a resident shall be disclosed only if the resident or his representative communicates informed consent to the disclosure and the consent is given in writing, orally, visually or through the use of auxiliary aids and services; and such consent is documented by a representative of the Office in accordance with procedures.(3-31-22)

03.Complainant Consent. Without a court order, identifying information of a complainant shall be disclosed only if the complainant communicates informed consent to the disclosure and the consent is given in writing, orally, visually or through the use of auxiliary aids and services; and such consent is documented by a representative of the Office in accordance with procedures.(3-31-22)

IDAPA 15.01.03.044 (Reserved)

15.02.01 Rules Governing the Rehabilitation Programs

IDAPA 15.02.01.000 Legal Authority

This chapter is adopted in acco rdance with Sections 67-5407 and 67-5408, Idaho Code.(3-31-22)

IDAPA 15.02.01.001 Scope

The provisions of these rules establish procedu res, requirements, and implement program changes necessitated by the Rehabilitation Act of 1973, as amended, which address the provisions of vocational rehabilitation services to the blind and visually impaired population of Idaho. These rules also establish the procedure and practice requirements governing the provision of services under the Independent Living Program. These rules also include the procedure and practice requirements governing the provision of services under the Prevention of Blindness and Sight Restoration Program.(3-31-22)

IDAPA 15.02.01.002 Incorporation by Reference

The following federal laws and regulations are incorporated by referenc e into the rules of this chapter and copies are available at the Commission’s office:(3-31-22) 01.29 U.S.C. Section 701, et seq., Rehabilitation Act of 1973 as amended through Public Law 114-95, enacted December 10, 2015.(3-31-22) 02.34 CFR 361, 363, 364, 367 and 397.(3-31-22)

03.Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128, enacted July 22, 2014.(3-31-22)

IDAPA 15.02.01.003 (Reserved)

IDAPA 15.02.01.010 Definitions

01.Blind or Visually Impaired.

A person whose visual acuity with correcting lenses is not better than twenty/two hundred (20/200) in the better eye; or a person whose vision in the better eye is restricted to a field which subtends an angle of not greater than twenty (20) degrees; or a person who is functionally blind; or a person who is without any sight.(3-31-22)

02.Commission. Idaho Commission for the Blind and Visually Impaired.(3-31-22)

03.Comparable Benefits and Services. Any benefit or service that exists under any other programs that is available to the client. Examples are, but not limited to, Medicaid, Medicare, private health insurance, and medical indigence programs for medication.(3-31-22)

04.Functionally Blind. A person with a visual impairment that constitutes or results in a substantial impediment to employment or substantially limits one (1) or more major life activities. This is determined by a qualified, rehabilitation professional, not a physician.(3-31-22)

05.Immediate Danger of Blindness. The status of an individual or client who is in danger of becoming blind or visually impaired within two (2) years.(3-31-22)

06.Independent Living Services. Services that reduce the impact of functional limitations on the ability of a client to achieve independence in the home or community.(3-31-22)

07.Most Significant Disability. Meets the criteria as Significant Disability as found in the Rehabilitation Act of 1973, as amended, and defined in 34 CFR 361.5(c)(29), and is further defined as: Having a severe physical, mental, cognitive, or sensory impairment that seriously limits four (4) or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance or work skills) in terms of an employment outcome, and whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time.(3-31-22)

08.Prevention of Blindness and Sight Restoration Services. Treatment or surgery to prevent blindness or restore vision to clients without financial resources to procure such services for themselves.(3-31-22)

09.Vocational Rehabilitation (VR) Service or Services. Services that reduce the impact of functional limitations on the ability of a client to achieve an employment outcome and are offered on a statewide basis to individuals who are blind or visually impaired or functionally blind, subject to eligibility.(3-31-22)

IDAPA 15.02.01.011 (Reserved)

SUBCHAPTER A – VOCATIONAL REHABILITATION SERVICES

(Rules 100 Through 199)

IDAPA 15.02.01.100 Information, Referral, and Application for Vr Services

Any person or entity may refer an individual to the Commission for services.(3-31-22) 01.

Contact by the Commission. Each referred individual must be seen or contacted by Commission staff within three (3) working days of the referral’s receipt by scheduling an initial appointment, or documentation in a case note of telephone contact or email contact. Staff will inform the referral of application requirements and information necessary to initiate an assessment for determining eligibility.(3-31-22)

02.Right to Apply. All individuals have the right to apply for VR Services and to have a decision made regarding their eligibility for such services.(3-31-22)

03.Availability and Residence Requirements. Individuals must be available and legally permitted to join the labor market prior to eligibility determination. Residence requirements will not exclude any individual present in the state from vocational rehabilitation services. Individuals must have legal status in the United States and be authorized to work.(3-31-22)

04.Work Status and Identity Documentation. Documents that establish work status (employment eligibility) and identity must be consistent with Form I-9, Immigration and Naturalization Services (Form I-9, Employment Eligibility Verification).(3-31-22)

IDAPA 15.02.01.101 Eligibility

01.Eligibility Requirements. El igibility of a client for vocational rehabilitation services is based upon a determination that:(3-31-22)

a.The client is blind or visually impaired;(3-31-22)

b.The client’s blindness or visual impairment constitutes or results in a substantial impediment to employment; and(3-31-22)

c.There is a reasonable expectation that vocational rehabilitation services will benefit the client in terms of securing, retaining, or regaining employment.(3-31-22)

d.The client has a disability priority which can include no significant disability (D), significant disability (SD), or most significant disability (MSD).(3-31-22)

IDAPA 15.02.01.102 Comparable Benefits

Eligible clients are to identify and use all available comparable benefits that may be available during the development of the Individualized Plan for Employment. Services that are exempt from this requirement are identified in 34 CFR 361.53(b).(3-31-22)

IDAPA 15.02.01.103 Purchasing Requirements

All services and purchases will follow federal, state, an d agency purchasing guidelines. Client services require written Authorization for Purchase (AFP) prior to the initiation of the purchased service. An authorization will be issued on or before the beginning date of service. If services are provided without an approved authorization, the Commission reserves the right to deny the vendor's invoice.(3-31-22)

IDAPA 15.02.01.104 Purchasing Standards

The Commission pays usual, customary, and reasona ble charges for services. In accordance with 34 CFR 361.50, the Commission has established a fee schedule for client services and levels of purchasing authority for Counselors.

Exceptions to the upper limits established in the fee schedule need to be approved by the Rehabilitation Services Chief. Services that will meet the client's need at the least cost to the Commission will be the service considered for planning purposes.(3-31-22)

IDAPA 15.02.01.105 (Reserved)

IDAPA 15.02.01.150 Client Appeals

01.Informal Dispute Resolution.

Within fifteen (15) calendar days of notification of the contested action, lack of action or decision, the client may make a written request to the Rehabilitation Services Chief that an informal dispute resolution be held, stating the reason for the review.(3-31-22)

a.The Rehabilitation Services Chief will inform the client in writing as to the time, place, and date of the informal dispute resolution. The client may choose to represent himself or may have a representative speak on his behalf.(3-31-22)

b.The Rehabilitation Services Chief will make a decision regarding the specifics of the informal dispute resolution. This decision will be in written form, and it will be sent to the client.(3-31-22)

02.Mediation. The request will be made in writing to the Rehabilitation Services Chief stating the reason for the review. The mediation must take place within sixty (60) days of client’s request.(3-31-22)

03.Impartial Due Process Hearing. An impartial due process hearing can be held without an informal dispute resolution or mediation or if the client is dissatisfied with the result of the informal dispute resolution or mediation. The impartial due process hearing will deal with the issues involved in the original informal dispute resolution or mediation if one took place. The request for an impartial due process hearing will be made in writing to the Administrator within fifteen (15) calendar days of the Rehabilitation Services Chief’s decision from the informal dispute resolution or the mediation proceedings. The hearing by an impartial hearing officer must be held within sixty (60) days of a request by the client unless both parties agree to a specified delay.(3-31-22)

IDAPA 15.02.01.151 Order of Selection

01.Prioritizing Services. In the event that the Commission lacks the personnel or financial resources to provide the full range of services to all eligible individuals, the following Order of Selection (OOS) will be used to prioritize service provisions. Students with disabilities, as defined by 34 CFR 361.5(c)(51), who received preemployment transition services prior to eligibility determination and assignment to a priority category will continue to receive such services. All clients who have an Individualized Plan for Employment will continue to be served.

Priority will be given to eligible individuals as follows:(3-31-22)

a.Priority 1. Eligible individuals with the Most Significant Disabilities.(3-31-22)

b.Priority 2. Eligible individuals with Significant Disabilities.(3-31-22)

c.Priority 3. All other eligible individuals with Disabilities.(3-31-22)

02.Inability to Serve. If the Commission cannot serve all eligible individuals within a priority category, individuals will be released from the statewide waitlist based on priority category and date of application.

(3-31-22)

03.Exemption. Employed individuals, who are eligible for VR services and require immediate equipment or services to maintain their employment, are exempt from the OOS policy, as authorized in the Rehabilitation Act, as amended by WIOA, 34 CFR 361.36(a)(3)(v).(3-31-22)

IDAPA 15.02.01.152 (Reserved)

SUBCHAPTER B – INDEPENDENT LIVING PROGRAM

(Rules 200 Through 299)

IDAPA 15.02.01.200 Provision of Services on a St

ATEWIDE BASIS AND APPLICATION.

01.Services. In dependent Living Services are offered on a statewide basis to eligible individuals who are blind or visually impaired.(3-31-22)

02.Application. To apply for Independent Living Services, an individual must meet with a Rehabilitation Teacher and complete an application for Independent Living Services. An individual is considered to have applied for Independent Living Services with the Commission when that individual has signed an application for Independent Living Services, including completion and signature of required forms relating to independent living rights and responsibilities and to the release and exchange of information.(3-31-22)

IDAPA 15.02.01.201 Eligibility

Eligibility of a client for Independent Living Services is based upon a determination that:(3-31-22) 01.

Blind or Visually Impaired. The client is blind or visually impaired;(3-31-22)

02.Ability to Function. The client’s blindness or visual impairment substantially limits the client’s ability to function in the family or community;(3-31-22)

03.Result of Services. Provision of Independent Living Services will improve the client’s ability to function, continue functioning, or move toward functioning independently in the family or community; and(3-31-22)

04.Residency. The client is a resident of the state of Idaho.(3-31-22)

IDAPA 15.02.01.202 Independent Living Plan

01.Plan Development. For tho se clients determined eligible for Independent Living Services, an Independent Living Plan will be jointly developed by the client and a Rehabilitation Teacher, unless waived by the client in writing.(3-31-22)

02.Plan Contents. The plan will include the Independent Living goals and objectives, Independent Living Services to be provided, including start and end dates, costs, comparable benefits and services, client financial participation and any other elements deemed necessary by the Rehabilitation Teacher.(3-31-22)

IDAPA 15.02.01.203 Purchasing Standards and Requirements

There is no fee assessed for Independent Living Se rvices provided to the client by the Rehabilitation Teacher.

However, where the provision of Independent Living Services includes the purchase of aids, appliances, assistive technology, computer hardware and software, and other purchased services or devices, the client’s ability to pay will be taken into consideration with the expectation that the client will contribute toward or pay for the required service.

The Commission will expend no more than five hundred dollars ($500) per client. Any exceptions to this rule are only granted upon review and approval of the Independent Living Coordinator. All purchases will follow federal, state, and agency purchasing guidelines.(3-31-22)

IDAPA 15.02.01.204 (Reserved)

SUBCHAPTER C – THE PREVENTION OF BLINDNESS AND SIGHT RESTORATION PROGRAM

(Rules 300 Through 999)

IDAPA 15.02.01.300 Provision of Services on a Statewide Basis

Prevention of Blindness and Sight Restoration Services are offered on a statewide basis to individuals who are Blind or Visually Impaired or who are in immediate danger of Blindness, subject to eligibility and available funding. To apply, individuals must meet with a vocational rehabilitation assistant from the Commission to complete and sign an application.(3-31-22)

IDAPA 15.02.01.301 Eligibility

Eligibility of a client for Prevention of Blindness and Sight Restoration Services is based upon a determination by the Commission that a client is blind or visually impaired, functionally blind, or in immediate danger of blindness and that the client is without financial resources to procure services for themselves. Clients must also meet the following requirements:(3-31-22)

01.Demonstration of Financial Need. Only clients without financial resources to procure Services for themselves are eligible for Prevention of Blindness and Sight Restoration Services. Clients will undergo a financial needs assessment with Commission staff to determine whether financial eligibility requirements are met.

(3-31-22)

02.Residency Requirements. In order to be eligible for Prevention of Blindness and Sight Restoration Services, a client must demonstrate the following residency requirements:(3-31-22)

a.If client is not a United States citizen, client must provide proof of their legal presence as a registered alien in the United States.(3-31-22)

b.Residence in the state of Idaho for a minimum of six (6) months; and(3-31-22)

c.Presence in the state of Idaho at the time of provision of Prevention of Blindness and Sight Restoration Services.(3-31-22)

IDAPA 15.02.01.302 (Reserved)

IDAPA 15.02.01.350 Payment for Necessary Expenses

The Commission’s payment of necessary expenses ass ociated with provision of Prevention of Blindness and Sight Restoration Services to eligible clients is subject to availability of funds during any single state fiscal year. In the event available funds for Prevention of Blindness and Sight Restoration Services are exhausted prior to the end of any single state fiscal year, eligible clients are placed on a waiting list until such time as funding is available to resume Prevention of Blindness and Sight Restoration Services.(3-31-22)

01.Upper Limits. The Commission will pay no more than five thousand dollars ($5,000) per eligible client for necessary expenses incurred for Prevention of Blindness and Sight Restoration Services during each eligible client’s lifetime participation in the Blind Prevention and Sight Restoration Program.(3-31-22)

02.Comparable Benefits and Services. Eligible clients must apply for and secure any comparable benefits and services which shall be applied towards payment of necessary expenses incurred for Prevention of Blindness and Sight Restoration Services before any expenditure of Commission funds.(3-31-22)

03.Exceptions. Any exceptions to the individual lifetime limit per eligible client set forth in Subsection 350.01 of these rules are only granted upon approval of the Independent Living Coordinator.(3-31-22)

IDAPA 15.02.01.351 (Reserved)

15.04.01 Rules of the Division of Human Resources and Idaho Personnel Commission

IDAPA 15.04.01.000 Legal Authority

Section 67-5309, Idaho Code.(7-1-24)

IDAPA 15.04.01.001 Scope

These rules establish the policies and procedures of the Idaho Personnel System.(7-1-24)

IDAPA 15.04.01.002 (Reserved)

IDAPA 15.04.01.006 Waiver of Rules

The administrator reserves the right to waive any rule in specific instances when, in his/her opinion, such waivers are legal, warranted and justified in the interests of a more effective and responsive system of personnel administration.

IDAPA 15.04.01.007 (Reserved)

IDAPA 15.04.01.009 Definition

Each of the terms defined in these rules have the meaning g iven herein unless a different meaning is clearly required by the context. Additional definitions are contained in Section 67-5302, Idaho Code.(7-1-24)

01.Administrative Leave. Temporary paid leave from a job assignment where pay and benefits remain intact.(7-1-24)

02.Appeal. Any written request for relief from dismissal, demotion, suspension, or other adverse action filed with the Commission by an employee, appointing authority, or applicant. The meaning of appeal includes application, petition, or protest.(7-1-24)

03.Appellant. An employee, appointing authority, or applicant filing an appeal or a petition for review with the Commission.(7-1-24)

04.Appointment, Limited. The appointment of a person to a classified position where the work is projected to be of limited duration, for which the person has qualified by examination.(7-1-24)

05.Appointment, Permanent. The appointment of a person to a classified position who has been certified by the appointing authority to have successfully completed the required probationary period and whose employment is permanent, subject to removal or discipline only under the provisions of Title 67, Chapter 53, Idaho Code, and the rules of the Division and Idaho Personnel Commission.(7-1-24)

06.Appointment, Probationary. The appointment of a person to a classified position for which the person has qualified by examination but is serving a work trial period as a condition for certification to permanent appointment.(7-1-24)

07.Base Pay. The rate paid for performing a job, excluding bonuses, shift differentials, overtime or other compensation premiums.(7-1-24)

08.Classified Service. That body of positions in state agencies subject to Title 67, Chapter 53, Idaho Code, as defined therein and excludes temporary, and nonclassified appointments.(7-1-24)

09.Compensation Plan. The overall system of salary administration for classified service including Sections 67-5309B and 67-5309C, Idaho Code; the classification and compensation schedules, Division and Idaho Personnel Commission rules and policies, and agency policies governing employee pay.(7-1-24)

10.Compensation Schedule. The pay grades established by the Division and associated rates of pay.

11.Consultant. An independent contractor who provides professional or technical advice, counsel, or service.(7-1-24)

12.Dismissal. The separation of an employee from classified service with cause assigned by the appointing authority pursuant to Rule 190.(7-1-24)

13.Division. The Idaho Division of Human Resources.(7-1-24)

14.Due Process. As related to Idaho’s Personnel System for permanent classified employees, the activities required to address an individual’s constitutional right to notice and an opportunity to be heard. (Ref.

Section 67-5315, Idaho Code)(7-1-24)

15.Employment History. The information available to the public without the employee’s consent in accordance with Section 74-106, Idaho Code, for every agency for which a current or former public official works, including the official reasons for separation from employment but not including accrued leave balances or usage.

16.Good Cause. The conduct of a reasonable person in the same or similar circumstances.(7-1-24)

17.Hay Method. A methodology for establishing the relative value of jobs and used as a dimension of the pay system.(7-1-24)

18.Hiring List. A hiring list is a subset of a register consisting of the top twenty-five (25) individuals on the register, plus all individuals tied for the twenty-fifth position, certified as eligible for a specific recruitment.

Candidates for reinstatement or transfer may be considered and are provided in addition to the top twenty-five (25).

19.Incumbent. Any person holding a classified or non-classified position in state service.(7-1-24)

20.Involuntary Transfer. A significant change in work location, shift and/or organizational unit made as a result of a management decision as opposed to an employee’s request or agreement to transfer.(7-1-24)

21.Layoff. An involuntary reduction in hours of work or separation of an incumbent in the classified service either by reduction in force due to shortage of work or funds, or abolishment of positions.(7-1-24)

22.Light or Limited Duty. A general term describing a temporary limited assignment in relation to recovery from injury, illness or other limiting condition as approved by the appointing authority.(7-1-24)

23.Merit Increase. The advancement of an employee’s compensation within a pay grade based upon performance in accordance with Section 67-5309B(3) and (4), Idaho Code.(7-1-24)

24.Merit Increase Matrix. A pay distribution tool used to advance employee pay based on performance and market data.(7-1-24)

25.Minimum Qualification Specialty. A minimum qualification required for one (1) or more positions in a classification that is in addition to the other minimum qualifications required for all positions in the classification.(7-1-24)

26.On-Call Time. Time when an employee is required to be available if called upon by their agency during hours that are outside of their normally defined work schedule.(7-1-24)

27.Pay Line Exception. A temporary assignment of pay grade, pursuant to Section 67-5309D, Idaho Code, in excess of the pay grade allocated pursuant to Section 67-5309B, Idaho Code, as approved by the

28.Permanent Employee. An employee in the classified service who has successfully completed entrance probation. Permanent employees remain subject to separation as set forth in these rules and Section 67- 5309(n), Idaho Code.(7-1-24)

29.Promotion. The advancement through the competitive process of an employee with permanent status from a position which he occupies in one (1) classification to a position in another classification having a higher paygrade.( 7-1-24)

30.Reduction in Pay. A reduction of an employee’s salary from one (1) pay rate to a lower rate within the pay grade to which the employee’s classification is allocated.(7-1-24)

31.Register. A list of names of persons or the name of one (1) person who has been determined to be eligible for employment in a classification on the basis of examination and merit factors as established by the

32.Resignation. The voluntary quitting or abandonment of state employment, excluding retirement.

33.Respondent. The party whose interests are adverse to those of the appellant.(7-1-24)

34.Salary Equity Increase. The advancement of an employee’s compensation within a pay grade based upon factors such as market demand, compression within the agency or classification, or inequities.(7-1-24)

35.Suspension. An enforced period of absence, with or without pay, for disciplinary purposes, for felony charges, or pending investigation of charges made against an employee pursuant to Rule 190.(7-1-24)

36.Termination. The separation of an entrance or voluntary probationary employee from classified service for unsatisfactory service during the probationary period without cause assigned by the appointing authority pursuant to Rule 152.(7-1-24)

37.Transfer. A change of work location of an employee in which the employee changes from one (1) position to another in the same classification or to another classification in the same pay grade.(7-1-24)

38.Underfill. Administrator-approved appointment to a position established at a higher classification while being compensated at a lower pay grade during completion of a training plan. (7-1-24)

39.USERRA. Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. Sections 4301 through 4333. Prohibits employment discrimination against persons because of their service in the Armed Forces Reserve, the National Guard, or other uniformed services.(7-1-24)

40.Workweek. A period of seven (7) consecutive days beginning 12:01 a.m. Sunday.(7-1-24)

IDAPA 15.04.01.010 (Reserved)

IDAPA 15.04.01.020 Basic Merit and Salary Requirements of the Personnel System

All appointments, promotions and separations in the classi fied service shall be based on competence, valid job requirements, and individual performance.(7-1-24)

01.Examinations. Examinations shall be designed to evaluate factors pertinent to an individual’s ability to perform competently the duties of the classification.(7-1-24)

a.Content of Examinations. Examinations may include any questions, tests or criteria designed to evaluate the suitability of applicants for job openings within a classification.(7-1-24)

b.Job Analysis and Confidentiality. No information concerning the specific content of the examination will be divulged to unauthorized personnel by the Division or other personnel who have access to the examinations.(7-1-24)

02.Eligible Candidates. The appointing authority shall make a selection from a hiring list containing eligible candidates.(7-1-24)

a.Failing Score. Failure in any part of the examination may disqualify an applicant in the entire examination and from having his name placed on the hiring list.(7-1-24)

03.Authorized Pay Rates. No employee in the state classified service will be paid at a rate less than the minimum nor greater than the maximum rate of the pay grade assigned to the classification.(7-1-24)

a.Payline Exceptions. Temporary assignments to a new pay grade may be made by the administrator.

Such assignments apply to an entire classification for the purpose of recruitment or retention and will be reviewed annually to determine the need for continuance.(7-1-24)

b.Salary Equity Increases. An appointing authority may, with approval by the administrator, advance an employee’s salary within a pay grade based upon factors such as market demand, to address compression within an agency or classification, or inequities.(7-1-24)

c.Salary Upon Transfer. A transfer between agencies in the same classification or one of equal pay grade does not require a change in the employee’s salary, but a lower or higher rate may be negotiated between the employee and the appointing authority. If the transfer is to a classification of lower pay grade (demotion), the employee’s salary is negotiable between the employee and appointing authority within the lower pay grade. (7-1-24)

d.Salary Upon Reinstatement. Unless related to reemployment after a layoff, the salary of a reinstated employee is negotiable between the employee and appointing authority in the current pay grade for the classification in which the employee has reinstatement privileges.(7-1-24)

e.Salary After Reappointment from Layoff. Employees appointed by the agency that laid them off will be paid in the current pay grade for the classification to which reappointed or at the same payrate the employee received immediately preceding layoff, whichever is greater, but not to exceed the maximum of the current pay grade.

f.Salary Upon Return from Military Duty. An employee who returns to state service from active military duty in accordance with the provisions of Section 65-508, Idaho code, and USERRA will be paid at a comparable rate in the current pay grade for the classification to which they were assigned prior to leaving for military service.(7-1-24)

g.Reduction of Salary. The salary of an employee receiving more than the lowest rate of the pay grade for his classification may be reduced to a lower rate within the pay grade by the appointing authority for disciplinary reasons enumerated in Rule 190.(7-1-24)

IDAPA 15.04.01.021 Basic Requirements for Veterans and Military Personnel

01.Application by Military Personnel.

An application will be accepted after the closing date of the announcement from a person who was serving in the armed forces or undergoing service-connected hospitalization of no more than one (1) year following discharge, during any period in which the announcement was open. The application must be submitted within one hundred twenty (120) days of the applicant’s separation from the armed forces or hospitalization and prior to the expiration of the register established as a result of an examination. (7-1-24)

02.Return from Military Duty. An employee returning from military leave without pay who is relieved or discharged from military duty under conditions other than dishonorable will be, upon application, reinstated in his former position, or one of comparable classification, without loss of credited state service, status, or pay as prescribed by Sections 46-216, 65-508, and 65-511, Idaho Code, USERRA, or the Military Selective Service Act, Title 38, Chapter 43, U.S. Code. Application for reemployment must be made in accordance with the provisions of USERRA.(7-1-24)

03.Application by Disabled Veterans. A disabled veteran may file an application at any time up until a selection for any classification for which the Division maintains a register as a source for future job openings or for which a register is about to be established, provided the veteran has not already been examined twice for the same classification, does not have current eligibility on that register, or is not serving in a competitive position in the same pay grade as the classification for which application is made.(7-1-24)

04.Veterans’ Preference Points.(7-1-24)

a.Veterans’ and disabled veterans’ preference points must not be used to achieve a passing score.

b.Veterans’ and disabled veterans’ preference points, when applicable under state law, will be added to the final score achieved in the examinations. Five (5) points will be added to the earned rating of any veteran, as defined in Section 65-203, Idaho Code, and the widow or widower of any veteran, as defined in Section 65-203, Idaho Code, as long as the widow or widower remains unmarried.(7-1-24)

c.Disabled veterans’, Purple Heart recipients, spouses of any eligible disabled veterans who cannot qualify for any public employment because of a service-connected disability, and unmarried widows or widowers of disabled veterans entitled to ten (10) point preference will be placed on the open-competitive register in order of their final score on the examination augmented by preference points.(7-1-24)

d.Disabled veterans who have a current service-connected disability of thirty percent (30%) or more will be offered an interview when their final score places them on the hiring list. If more than ten (10) disabled veterans with a disability rating of thirty percent (30%) or more place on a hiring list, at least ten (10) will be offered an interview.(7-1-24)

IDAPA 15.04.01.022 Nepotism

No employee shall work under the immediate supervision of a supervisor who is a spouse, child, parent, brother, sister or the sam e relation by marriage.(7-1-24)

IDAPA 15.04.01.023 Dual Employment

There will be no conflicting hours of work when a classified employee is employed by more than one (1) state agency. The employee must obtain approval from all appointing authorities concerned prior to beginning dual employment.(7-1-24)

IDAPA 15.04.01.024 (Reserved)

IDAPA 15.04.01.060 Analysis of Classifications

The Division will assist appointing authorities in the analysis of positions in determining proper classification and, at the determination of the administrator, will conduct independent classification reviews of the various agencies.

IDAPA 15.04.01.061 Amendment of Classification Schedule

01.Changes To Classifications.

Whenever it is necessary to establish or delete a classified position or to revise a position’s responsibilities, the appointing authority will submit proposed changes to the administrator.

02.Approval. Each appointing authority, prior to establishing any new position within the agency, will obtain the approval of the administrator for the classification of such positions and their assignment to a pay grade in the compensation schedule. Approval by the administrator of the Division of Financial Management for sufficiency of funds is also required.(7-1-24)

03.Assignment to Pay Grade Required. No person will be appointed to, employed in, or paid for services in any classified position until the position has been established, classified, and assigned to a pay grade in accordance with these rules.(7-1-24)

IDAPA 15.04.01.062 Approval of New, Revised and Deleted Classifications

01.New and Refactored Classifications. New class ifications of work and revised classifications require approval by both the administrator and the Division of Financial Management administrator when there is a fiscal impact.(7-1-24)

02.Revised and Deleted Classifications. Revised classifications with no fiscal impact and classifications deleted from the classification schedule require approval only of the administrator.(7-1-24)

IDAPA 15.04.01.063 Abolishment of Positions

An appointing authority may abolish a position for reasons of administrative efficiency. Employees to be separated as a result shall have layoff and reemployment preference in accordance with Rules 140 through 147.(7-1-24)

IDAPA 15.04.01.064 Reclassification of Positions

01.Procedure. Positi ons may be reclassified in the same pay grade, upward, or downward as determined by an analysis by the Division of the duties and responsibilities assigned by appointing authorities to specific positions. An incumbent occupying a reclassified position shall be properly classified by an appointing authority.(7-1-24)

02.Effective Date. Reclassifications of positions are not effective until they are approved by the administrator, but may be retroactive to the beginning of the pay period during which approval is granted.

Reclassification of an employee may not precede the effective date of the reclassification of the position.(7-1-24)

IDAPA 15.04.01.065 (Reserved)

IDAPA 15.04.01.066 Compensation Surveys

01.Salary Surveys.

The Division will conduct or approve salary surveys, to determine salary ranges that represent labor market average rates for Hay point factored positions in classified service.(7-1-24)

02.Relevant Labor Markets. Labor markets used for wage comparison will be based on recruiting markets for specific job classifications. Consultation with various appointing authorities will also contribute to labor market determination.(7-1-24)

IDAPA 15.04.01.067 Calculation of Pay

01.Standard Calculation of Pay. For other than police, correctional of ficers, or fire employees, pay is calculated in the following order:(7-1-24)

a.Holiday pay;(7-1-24)

b.All hours worked on a holiday as overtime;(7-1-24)

c.All hours worked over forty (40) in the workweek as overtime, excluding occasional or sporadic work;(7-1-24)

d.Vacation, sick and other paid or unpaid leaves; and(7-1-24)

e.All remaining hours worked at the employee’s regular rate of pay.(7-1-24)

02.Shift Differential. Additional compensation paid to employees (including temporary or part-time employees) who work specific, designated hours. Shift differential is paid in addition to any other compensation.

Shift differential may be awarded in amounts up to and including twenty-five percent (25%) of hourly rates, based on local market practice for similar jobs.(7-1-24)

IDAPA 15.04.01.068 (Reserved)

IDAPA 15.04.01.080 Methods of Recruitment

For the purpose of establishing eligibility registers, there are three (3) methods of recruitment: open competitive , agency promotional, or statewide promotional.(7-1-24)

IDAPA 15.04.01.081 (Reserved)

IDAPA 15.04.01.119 Limited Service Appointments

01.Designation. Classified positions expected to be of limited duration due to funding or nature of the position or project must be identified and designated in advance of announcement.(7-1-24)

02.Permanent Status and Expedited Layoff. Employees appointed under limited-service appointments have permanent classified status after successful completion of probation. These employees have the same rights and responsibilities as other permanent employees but may be subject to expedited layoff(7-1-24)

03.Limited Service Agreement. Appointing authorities making limited-service appointments must prepare, no later than the date of appointment, a written agreement for signature of both the employee and appointing authority describing the non-career nature of the appointment, potential for layoff, and the duration the employee may expect to work. Renewals and updated agreements are required every two (2) years. A copy of the agreement must be kept in the employee’s personnel file.(7-1-24)

IDAPA 15.04.01.120 Seasonal Appointment

01.Employee Rights. Empl oyees appointed under a seasonal appointment will have all obligations, rights, and privileges of any classified employee except those accorded by Rules 140 through 147, relating to reduction in force.(7-1-24)

IDAPA 15.04.01.121 Temporary Appointments (n

ON-CLASSIFIED).

01.Hours Limitation.

Temporary appointments are limited to one thousand three hundred eighty-five (1,385) hours of work in any twelve (12) month period for any one agency. Both calculations begin on the date of the original temporary appointment. (7-1-24)

02.Transition to Classified Service. Temporary employees who have served at least one thousand forty (1,040) hours of continuous service, may go from temporary status to classified entrance probation status in that same position without further application if the announcement for the temporary position from which the certified register was created indicates that the temporary position has the potential of becoming a permanent classified position. The classified position must be in the same classification and at the same location as announced.(7-1-24)

IDAPA 15.04.01.122 (Reserved)

IDAPA 15.04.01.123 Reinstatements

01.Eligibility.

A current or former employee will be eligible for reinstatement to a classification in which he held permanent status, or if deleted its successor, or to another classification of equal or lower pay grade under the following conditions.(7-1-24)

a.Reinstatement is limited to a period equal to the length of the employee’s probationary and permanent employment combined.(7-1-24)

b.The current or former employee must meet the current minimum qualifications of the classification to which reinstatement is desired.(7-1-24)

02.Examination. A current or former employee may be required to pass an examination for the classification to which reinstatement is desired.(7-1-24)

03.Probationary Period. An appointing authority may negotiate for a probationary period as a condition of reinstatement except where prohibited.(7-1-24)

IDAPA 15.04.01.124 Transfers

01.Authority to Transfer.

An appointing authority may transfer an employee at any time from one position to another in the same classification.(7-1-24)

02.Transfer Within Pay Grade. An appointing authority may transfer an employee from a classification in which he holds permanent status to another classification allocated to the same pay grade for which the employee meets the minimum qualifications.(7-1-24)

03.Probationary Period. An appointing authority may negotiate with an employee for a probationary period as a condition for a voluntary transfer.(7-1-24)

04.Transfer Between Agencies. An employee is eligible for transfer between agencies in the same classification in which he holds permanent status or to another classification in the same or lower pay grade for which the employee meets the minimum qualifications.(7-1-24)

IDAPA 15.04.01.125 Resignation

01.Notice.

A classified employee may resign at any time. A resignation is effective at the time designated by the employee, without need for written or advance notice, or acceptance of the resignation by the appointing authority.(7-1-24)

02.Rescission and Reinstatement. Once an employee has submitted a resignation, reinstatement is in the discretion of the appointing authority as. The appointing authority may but is not required to allow an employee to rescind a resignation prior to its effective date.(7-1-24)

03.Resignation in Lieu of Dismissal. An employee may resign in lieu of being dismissed for cause.

IDAPA 15.04.01.126 (Reserved)

IDAPA 15.04.01.129 Acting Appointment to a Position

01.Conditions for Acting Appointment.

At the discretion of an appointing authority, a classified employee with permanent status may be appointed to a position in a classification of higher pay grade within his own agency in an acting capacity whenever:(7-1-24)

a.The incumbent of the position in the higher classification is on authorized leave of absence.

02.Minimum Qualifications. To be eligible for an acting appointment, an employee must meet the minimum qualifications of the class.(7-1-24)

IDAPA 15.04.01.130 Limitation on Length of Appointment

Acting appointments are limited to the period of time nece ssary to fill the vacancy pursuant to procedures prescribed in these rules but in no case can continue beyond one thousand forty (1,040) hours of credited state service unless specifically extended by the administrator.(7-1-24)

IDAPA 15.04.01.131 Salary

For any credited state service which an employee serve s in a classification in an acting capacity, he or she shall receive the salary for the classification as though he or she had actually been promoted.(7-1-24)

IDAPA 15.04.01.132 Expiration of Appointment

01.Return of Incumbent.

When the incumbent of the classification returns from leave of absence, or the vacant position is filled, the acting appointment expires. The acting appointee is returned to the class, the pay grade and rate held immediately preceding the acting appointment.(7-1-24)

02.Failure of Incumbent to Return. Should the employee on leave of absence separate from state service, the employee serving in the acting appointment may continue to serve in that capacity until the vacancy has been filled but in no case exceed the time limits prescribed in Rule 130.(7-1-24)

IDAPA 15.04.01.133 (Reserved)

IDAPA 15.04.01.140 Reduction in Force

01.Conditions for Layoff.

An appointing authority may lay off an employee whenever necessary due to: shortage of funds or work; reorganization; the end of a limited service appointment; employee’s failure to complete interagency promotional probation when demotion options are not available; or abolishment of one (1) or more positions.(7-1-24)

02.Layoff by Position. Reduction in force must be by classification of position.(7-1-24)

a.Reduction in force may be limited to or specifically exclude employees appointed under selective certification for bona fide occupational qualifications, or appointed to a classification with minimum qualification specialties. Inclusions or exclusions must include or exclude all incumbents of the classification appointed under similar selective certification, or the same option or minimum qualification specialty and must be approved in advance by the administrator.(7-1-24)

b.An appointing authority may petition the administrator to exclude an individual from a reduction in force whose retention may be required to meet agency mission critical needs. Requests must provide a documented rationale with exclusions approved in advance by the administrator.(7-1-24)

c.When a limited service project is completed or funding concluded, the limited service appointee is separated from state service as a layoff. However, limited service appointees have no reemployment preference and will not displace other regular permanent or limited services staff via voluntary demotion in lieu of layoff.(7-1-24)

03.Layoff Unit. Reduction in force must be agency-wide or by organizational unit designated for layoff purposes. Layoff units are geographic, programmatic, or other identified subdivisions of an agency designated for layoff purposes by the appointing authority. They must be approved by the administrator before the effective date of the layoff. Organizational layoff unit designations must be renewed with a change in appointing authority or

04.Reduction of Hours Worked. An involuntary reduction in the number of hours worked for a selected position constitutes a layoff unless there is an equal reduction of hours worked for all positions in the same classification in the agency or approved layoff unit for a limited period of time, such as a furlough.(7-1-24)

05.Downward Reclass. A material change in duties of one (1) or more positions resulting in an employee’s reclassification to a classification allocated to one (1) pay grade lower does not constitute a layoff. More than one (1) pay grade change downward is considered a layoff, unless the change of duties is disciplinary. (7-1-24)

IDAPA 15.04.01.141 Calculation of Retention Points

There will be an evaluation of all employees in the classification in the agency or organizational unit affected by the reduction in force based on a retention point system. Retention points are derived from experience as described in performance evaluations, classified credited state service, and veterans’ preference as described in Rule 141.03. The appointing authority will determine a process for the impartial assessment of evaluations to assign points as follows:

01.No Performance Evaluation on File for a Twelve-Month Period. All credited state service for which there is no performance evaluation will receive seventy-five thousandths (.075) points per hour.(7-1-24)

02.Calculation of Retention Points Since Last Evaluation. The most recent performance evaluation Exemplary Performance .100 points Solid Sustained Performance .075 points Achieves Performance Standards .050 points Does Not Achieve Performance Standards .0 points should be used to pro-rate retention points when calculating credited state service since that evaluation, unless that evaluation occurred more than two thousand eighty (2,080) hours from the date of calculation. In such cases, points are calculated in conformance with Rule 141.01.(7-1-24)

03.Veterans’ Preference. Veterans as defined in Title 65, Chapter 2, Idaho Code, will receive preference by the addition of retention points equivalent to three (3) years of service at a level that achieves performance standards.(7-1-24)

04.Calculation Date Cutoff. No points will be calculated for the sixty (60) days prior to the effective date of the layoff.(7-1-24)

05.Audit of Retention Points. Each employee is entitled to an audit of retention points by an independent auditor designated by the administrator in cases of dispute between the appointing authority and the employee. The request for audit must be filed with the appointing authority within five (5) calendar days of the employee’s receipt of layoff notification. The decision of the independent auditor is binding on both parties unless an appeal is filed within thirty-five (35) calendar days from the date of the auditor’s notification to the affected parties.

IDAPA 15.04.01.142 Credited State Service

Eligible credited state service for purposes of Rule 140 is defined as follows:(7-1-24) 01.

Service Prior to State Personnel System. All credited state service prior to the establishment of classified service, Title 67, Chapter 53, Idaho Code.(7-1-24)

IDAPA 15.04.01.143 Reduction in Force Determina

TION AND NOTIFICATION.

01.Identification of Classifications.

The appointing authority will identify the classification of positions to be reduced or eliminated.(7-1-24)

02.Calculation of Retention Points. Retention points will be calculated for all employees assigned to the classification of position including those serving in underfill positions. Retention points need not be calculated where layoff involves a single-incumbent class.(7-1-24)

03.Order of Reduction in Force. The order of reduction in force will be by type of appointment held by the employee in the affected classification as follows: first to be laid off are the entrance probationary appointees, and then the permanent appointees including those serving a voluntary probation. Employees will be placed on the layoff list beginning with the employee with the highest number of retention points. Employee layoffs will be made from the layoff list in inverse order. When two (2) or more employees have the same combined total of retention points, retention will be determined in the following sequence:(7-1-24)

a.The employee with the highest total retention points for the past thirty-six (36) months.(7-1-24)

b.Random selection.(7-1-24)

04.Notification to Affected Employees. Each employee affected will be notified in writing of layoff and the rationale for the decision at least fifteen (15) calendar days prior to the effective date. Notification will include a copy of the agency layoff procedure and a copy of the computation of retention points when required.

05.Notification to Administrator. The appointing authority must give written notice of layoff to the administrator at least fifteen (15) calendar days prior to its effective date and must provide a list of persons affected by the layoff with their retention point calculations and must indicate which employees will be laid off.(7-1-24)

IDAPA 15.04.01.144 Placement on Register with Reemployment Preference

A permanent employee laid off from their job or who chooses a voluntary demotion in lieu of a layoff, under these rules shall be placed on their classification’s register with reemployment preference. Such placement will be for one (1) year from the effective date of demotion or layoff, or until the employee or former employee declines a total of three (3) separate job offers without good cause, whichever comes first. An employee or former employee may request their name be removed at any time.(7-1-24)

IDAPA 15.04.01.145 Use of Registers with Reemployment Preference

01.Priority for Reemployment by Agency that Conducted the Layoff.(7-1-24)

a.The employee who has been laid off will be offered reemployment to a position in the classification from which laid off, before any person outside that agency may be promoted to, transferred to, reinstated or appointed to that classification by an appointing authority of that agency.(7-1-24)

b.When attempting to fill vacancies for a classification where a lay off occurred, the agency will provide an opportunity to interview and will make their hiring selection from the individuals their agency laid off from the classification, including those separated from state service under Rule 240.01 and those that took a voluntary demotion in lieu of layoff.(7-1-24)

c.Individuals being returned to the classification from which they were laid off will be reinstated with the same salary, permanent status and their sick leave balance restored.(7-1-24)

02.Consideration for Hire by Other Agencies. For promotional opportunities individuals who have been laid off must be offered the opportunity to interview.(7-1-24)

03.Employment by Other Agency. Individuals may be reappointed or reinstated if eligible. The salary of an employee re-hired after a layoff is negotiable between the employee and new appointing authority in the current pay grade for the classification in which the employee is appointed.(7-1-24)

04.Return to Register. If an individual finds another agency’s position unsatisfactory or does not satisfactorily complete a voluntary probation period, he may be placed back on a register for the remainder of their twelve (12) month time frame. Individuals appointed to a position, other than the classification from which laid off, will remain on preference register status for the remainder of the twelve-month (12) period if otherwise eligible.

IDAPA 15.04.01.146 (Reserved)

IDAPA 15.04.01.147 Voluntary Demotion in Lieu of Layoff

Within their layoff unit, an employee with permanent status may choose to accept a voluntary demotion rather than be laid off. Demotion options are limited to a classification in which the employee held permanent status in the agency.

Such demotion will not be permitted if it causes the layoff of an employee with greater retention points.(7-1-24)

01.Eligibility.(7-1-24)

a.Qualified. Employee must meet the classification’s current minimum qualifications and any minimum qualification specialties.(7-1-24)

b.Exclusion. Limited service appointees are not eligible to take any voluntary demotion that would result in the displacement of other employees. However, voluntary demotions to a vacant position are allowed with the approval of the appointing authority.(7-1-24)

02.Acceptance. To accept a voluntary demotion rather than a layoff, the employee must notify the appointing authority in writing of their decision no later than three (3) working days after written notification of the layoff and opportunity to demote to a specific position.(7-1-24)

IDAPA 15.04.01.148 (Reserved)

IDAPA 15.04.01.150 Probationary Periods

01.Probationary Period Required. Ev ery appointment and promotion to a classified position is probationary.(7-1-24)

02.Types of Probationary Periods. The probationary period serves as a working test period to provide the agency an opportunity to evaluate a probationary employee’s work performance and suitability for the position. There are three (3) types of probationary periods:(7-1-24)

a.Entrance probation is the probationary service required of an employee at the time of his original appointment or any subsequent appointment to state classified service excluding reinstatement and transfer, the duration of which is one thousand forty (1,040) hours of credited state service except for peace officers (defined in Section 19-5101, Idaho Code), who must serve two thousand eighty (2,080) hours.(7-1-24)

b.Promotional probation is the probationary service required when an employee is promoted, the duration of which is one thousand forty (1,040) hours of credited state service except for peace officers (defined in Section 19-5101, Idaho Code), who must serve two thousand eighty (2,080) hours.(7-1-24)

c.Voluntary probation is an agreement between employees and the appointing authority for employment actions such as reinstatement, transfer, or voluntary demotion. The probationary period is negotiable but may not exceed one thousand forty (1,040) hours of credited state service except for peace officers (defined in Section 19-5101, Idaho Code), who may serve up to two thousand eighty (2,080) hours.(7-1-24)

03.Extension of Probationary Period. Upon written request demonstrating good cause, the administrator may extend the probationary period of an employee for an additional specified period not to exceed one thousand forty (1,040) hours of credited state service. Extension must occur before an employee has worked one thousand forty (1,040) hours or two thousand eighty (2,080) hours for peace officers.(7-1-24)

04.Interruption of Probationary Period. The probationary period in any classification must be completed within a single agency uninterrupted by termination or dismissal. An employee who separated during the probationary period must begin a new probationary period upon reappointment or promotion.(7-1-24)

05.Temporary Service Credit. At the request of the hiring agency, the administrator will allow temporary service time in a given classification to be used toward fulfilling the entrance probationary requirement in that classification as established in Section 67-5309(j), Idaho Code. The temporary duties must be substantially the same as the regular permanent appointment.(7-1-24)

6. Acting Service Credit. At the request of the hiring agency, the administrator will allow acting appointment service time in a given classification to be used toward fulfilling the promotional probationary requirement in that classification as established in Section 67-5309(j), Idaho Code. The acting appointment duties must be substantially the same as the regular permanent appointment.(7-1-24)

IDAPA 15.04.01.151 Satisfactory Service

When a probationary employee has satisfactorily served the probationary period hours, the employee will become permanen t status. Certification to permanent status is effective one thousand forty (1,040) hours of credited state service after appointment, except that it is effective two thousand eighty (2,080) hours of credited state service after appointment for peace officer classifications unless either period has been extended(7-1-24)

IDAPA 15.04.01.152 Separation During Probation

01.Notification. If a probationary employee does not serve satisfactorily, the appointing authority must provide the employee and the Division a performance evaluation indicating unsatisfactory performance.

02.During Entrance and Voluntary Probation.(7-1-24)

a.An employee who does not serve satisfactorily during the entrance or voluntary probation must first be given the opportunity in writing to resign without prejudice; an employee who fails to resign may be terminated without cause assigned and without the right to file for problem-solving or an appeal.(7-1-24)

b.Notice to the employee of termination for unsatisfactory service must be made at least fifteen (15) calendar days prior to the effective date of termination, unless there are extenuating circumstances.(7-1-24)

IDAPA 15.04.01.153 Unsatisfactory Performance During a Promotion Probation Period

01.Disciplinary Action. Regard less of the probation status, when a Rule 190 violation supports demotion, suspension, or dismissal, such action may occur.(7-1-24)

02.During Promotional Probation. If an employee on promotional probation does not meet performance expectations:(7-1-24)

a.The employee may voluntarily demote to a vacant position in any classification he or she has held permanent status in state career service. However, the employee must meet the current minimum requirements for that classification. If more than one (1) option exists for demotion, the employee should be placed in the higher paid position, but the specific assignment is up to the appointing authority.(7-1-24)

b.If no position is available for the voluntary demotion option, the employee may be laid off and may request their name be placed on a register for the classification where they last held permanent status.(7-1-24)

c.When reinstatement occurs in the classification they promoted from, the employee’s name is removed from reemployment required preference status.(7-1-24)

IDAPA 15.04.01.154 Failure to Provide Performance Evaluation

If the appointing authority fails to provide a performance evaluation, the employee shall be considered to have satisfact orily completed the probationary period and be certified to permanent status as provided unless the probationary period has been extended by the administrator.(7-1-24)

IDAPA 15.04.01.155 (Reserved)

IDAPA 15.04.01.159 Status and Tenure

01.Probationary Promotions. Em ployees serving a promotional probationary period have continued permanent status in the classification from which promoted until they are certified as having satisfactorily completed the promotional probationary period in the classification to which promoted.(7-1-24)

IDAPA 15.04.01.160 (Reserved)

IDAPA 15.04.01.169 Promotions

01.Interagency Promotions.

All interagency promotions must be made using statewide promotional registers (Ref. Rule 101.03)(7-1-24)

02.Eligibility for Promotion. Promotional appointees must have permanent status (Ref. Rule 159) and meet the minimum qualifications of the promotional classification.(7-1-24)

03.Promotion, In-Grade. To reflect unique agency organization design, an agency may choose to request an internal competitive process to recognize the advancement of an employee with permanent status from a position occupied in one classification to a position in another classification having greater points or a unique specialty area, but within the same pay grade. With the approval of the administrator, an in-grade promotion will be treated in all regards as a promotion.(7-1-24)

IDAPA 15.04.01.170 (Reserved)

IDAPA 15.04.01.179 Demotions

Demotions are reductions of an employee from a position which the employee occupies in one classification to a position in another classification in a lower pay grade. Demotions authorized under these rules apply to both probationary and permanent status employees who meet the minimum qualifications of the classification to which demoted.(7-1-24)

IDAPA 15.04.01.180 (Reserved)

IDAPA 15.04.01.181 (Reserved)

IDAPA 15.04.01.190 Disciplinary Actions

01.Cause for Disciplinary Actions or Separation F rom State Service. Dismissal, suspension, demotion, or the reduction in pay, of a classified employee, may occur for any of the following causes during the employee’s employment:(7-1-24)

a.Failure to perform the duties and carry out the obligations imposed by the state constitution, state statutes, or rules of the agency or the Division and Idaho Personnel Commission.(7-1-24)

b.Inefficiency, incompetency, or negligence in performing duties, or job performance that fails to meet established performance standards.(7-1-24)

c.Physical or mental incapability for performing assigned duties, if a reasonable accommodation cannot be made for the disabling condition.(7-1-24)

d.Refusal to accept a reasonable and proper assignment from an authorized supervisor.(7-1-24)

e.Insubordination or conduct unbecoming a state employee or conduct detrimental to good order and discipline in the agency.(7-1-24)

f.Intoxication or being under the influence of alcohol, or the misuse of medications or controlled substances, while on duty.(7-1-24)

g.Careless, negligent, or improper use or unlawful conversion of state property, equipment, or funds.

h.Use of any influence which violates the principles of the merit system in an attempt to secure a promotion or privileges for individual advantage.(7-1-24)

i.Conviction of official misconduct in office, or conviction of any felony, or conviction of any other crime involving moral turpitude.(7-1-24)

j.Acceptance of gifts in exchange for influence or favors given in the employee’s official capacity.

k.Habitual pattern of failure to report for duty at the assigned time and place.(7-1-24)

l.Habitual improper use of sick leave.(7-1-24)

m.Unauthorized disclosure of confidential information from official records.(7-1-24)

n.Unapproved absence without leave.(7-1-24)

o.Misstatement or deception in application for employment.(7-1-24)

p.Failure to obtain or maintain a current license or certificate lawfully required as a condition in performance of duties.(7-1-24)

q.Prohibited participation in political activities.(7-1-24)

02.Suspension for Investigation. An appointing authority may place an employee on administrative leave for investigation of disciplinary causes enumerated in Rule 190.01. Each suspension for investigation will be superseded by reinstatement to duty, dismissal, disciplinary demotion, or suspension within thirty (30) calendar days of the suspension for investigation or within an extension of an additional thirty (30) calendar days approved by the administrator. Further extensions may be granted with the approval of the Administrator.(7-1-24)

03.Disciplinary Suspension. An appointing authority may suspend without pay an employee for discipline for causes enumerated above. Disciplinary suspension of an employee with permanent status is subject to appeal by the employee to the Commission.(7-1-24)

04.Suspension on Felony Charges. An appointing authority may suspend without pay an employee upon the issuance of a complaint, an information or indictment for felony charges. Such suspensions may remain in effect during the time such charges are pending. Full reinstatement of all benefits and salary that the employee would have otherwise been entitled must be provided by the appointing authority to the employee upon a subsequent finding that charges or information were without grounds or the employee was not found guilty. For the purpose of this rule, a judgment withheld under Rule 33(d) of the Idaho Rules of Criminal Procedure is a conviction.(7-1-24)

05.Notice to Administrator. Whenever an appointing authority considers it necessary to take disciplinary action against an employee, he must notify the employee and the administrator concurrently in writing; and set forth the specific rules violated and the reasons for the action. Suspensions with pay for investigation may be made without prior notice to the employee; in this case, the appointing authority must notify the administrator as soon as practical.(7-1-24)

IDAPA 15.04.01.191 (Reserved)

IDAPA 15.04.01.200 Problem-Solving and Due Process Procedures

01.Overview of Procedures.

a.The due process procedure deals with the disciplinary matters set forth in Section 67-5315(2), Idaho Code, dismissals, suspensions without pay, and demotions, and with all involuntary transfers. The due process procedure generally requires the employee receive notice and an opportunity to respond before a disciplinary decision or involuntary transfer is made by the agency. Decisions regarding disciplinary dismissals, suspensions without pay, and demotions may be appealed in accordance with Rule 201.(7-1-24)

b.The problem-solving procedure deals with all matters not specifically reserved for the due process procedure. Problem solving decisions may not be appealed to the Commission except as authorized by Section 67- 5316, Idaho Code.(7-1-24)

02.Establishment of Agency Problem-Solving and Due Process Procedures. Each participating agency must maintain written employee problem-solving and due process procedures, which have been approved by the administrator for conformity to law and Rule 200.(7-1-24)

03.Eligibility and Time for Filing Under Problem-Solving Procedure. Any classified employee with permanent, or entrance probationary status may file under the problem-solving procedure as defined by Section 67-5315(1), Idaho Code. An employee must file under the problem-solving procedure in writing not later than ten (10) working days after being notified or becoming aware of a nondisciplinary matter which may be handled through the problem-solving procedure; however, if the filing alleges an ongoing pattern of harassment or illegal discrimination, the agency is strongly encouraged to waive any time limits. The time limit for filing will be extended due to the employee’s illness or other approved leave, up to ten (10) days after return to the job. The agency may accept a filing that is or appears to be filed late. Agency policies may provide for waiver of time elements or any intermediate step of the problem-solving procedure upon mutual agreement of the employee and appointing authority.(7-1-24)

04.Elements of the Problem-Solving Procedure. The procedure must contain a statement from the agency head encouraging employees to use the procedure for any nondisciplinary, job-related matters, and encouraging the employee, supervisors, and upper-level managers and administrators to resolve the matter at the lowest management level possible within the organization. The statement must also provide a means whereby agency representatives can obtain timely authority, if needed, to resolve the matter. The procedure must require the employee to make a reasonable attempt to discuss the issue with the immediate supervisor before filing. After a written filing is received, the procedure must provide for such additional levels of management within the employee’s chain of command as are appropriate in the agency. The procedure must also provide for the use of an impartial mediator upon agreement by the employee and agency. Timelines must not exceed five (5) working days between each step unless both the employee and the agency agree, in writing, to a specific number of days to extend the timelines herein, not to exceed thirty (30) days between each step. The procedure must also inform the employee that he is entitled to be represented by a person of the employee’s own choosing at each step of the procedure, except the initial informal discussion with the immediate supervisor. Two (2) or more employees may join in a single filing under the problemsolving procedure. Retaliation for filing under the problem-solving procedure, for participating as a witness, or representative is expressly prohibited. This procedure does not apply to unsatisfactory performance during entrance probation.(7-1-24)

05.Filings Alleging Sexual Harassment or Other Illegal Discrimination. Each agency’s problemsolving procedure must provide an optional alternative procedure for an employee to file allegations of sexual harassment or discrimination based on race, color, sex, national origin, religion, age, or disability. The procedure must expressly prohibit sexual harassment and discrimination. Employees must be informed of their right to file complaints with the Idaho Human Rights Commission. The alternative procedure must designate a specific person or persons to receive and investigate such filings, and require that the investigation and resolution of them be conducted with maximum regard for confidentiality.(7-1-24)

06.Elements of Due Process Procedure. An agency must provide notice and an opportunity to respond before making a decision to impose any disciplinary sanction or involuntary transfer, as set forth in Section 67-5315(2), Idaho Code. With respect to notice, an agency must provide notice of the contemplated action, the basis or reason for the contemplated action, and an explanation of the evidence supporting the contemplated action. The notice must be provided to the employee and administrator concurrently. With respect to the opportunity to respond, the employee must be given the opportunity to respond to the notice and present reasons why the contemplated action should not be taken. The opportunity to respond must not occur later than five (5) working days after the employee has received notice, unless an extension is approved by the appointing authority in writing. After the employee has responded, or after the period to respond has expired or has been waived in writing by the employee, whichever occurs first, the appointing authority, or designee, must make and implement the agency's decision not later than five (5 ) working days thereafter, excluding days the appointing authority, or designee, is out of the office, or for other extenuating circumstances. The extension will be communicated to the employee in writing. The procedure must inform the employee of his right to be represented by a person of the employee’s own choosing during the opportunity to respond. The procedure must also provide for the use of an impartial mediator upon agreement by the employee and agency. The procedure does not apply to unsatisfactory performance during entrance and promotional probation. The due process procedure is complete when the appointing authority, or designee, mails or delivers a decision to the affected employee. The decision must also be sent to the administrator concurrently.(7-1-24)

07.Notification. A copy of the approved problem-solving and due process procedures must be furnished and explained to each employee with permanent, or entrance probationary status in the agency concerned.

IDAPA 15.04.01.201 Appeal Procedure

01.Filing of Appeal and Appearances.

Every appeal filed with the Commission must be written and state the decision that is being appealed and the action requested of the Commission. The Commission must serve a copy of the appeal on the respondent and upon the legal counsel for the Commission. Notices of appearance and notices of substitution of counsel need not be filed by deputy attorneys general or members of law firms already representing a party in an appeal or petition for review.(7-1-24)

02.Time for Appeal. An appeal from a decision of an appointing authority is deemed to be timely filed if received at the office of the Commission within thirty-five (35) calendar days after completion of the agency due process procedure. Personal delivery or deposit in the United States mail, postage prepaid, of a written notification to the affected employee of the appointing authority’s decision constitutes completion of the agency due process procedure. An appeal of a decision or action of the administrator or staff must be filed at the office of the Commission within thirty-five (35) calendar days of personal delivery of notice of the decision or action, deposit of the notice in the United States mail, postage prepaid, or deposit of the notice in Statehouse mail.(7-1-24)

03.Non-Jurisdictional Appeals. Appeals which are non-jurisdictional may be dismissed without motion by the hearing officer, the chair of the Commission, or his designee. If a hearing officer orders such a dismissal, the dismissal may be appealed to the Commission as a petition for review pursuant to Rule 202.01. If the chair of the Commission orders such a dismissal, it constitutes the final order of the Commission and may be appealed pursuant to Sections 67-5317(3) and 67-5318, Idaho Code.(7-1-24)

04.Setting of Hearing. Within fifteen (15) days after receiving the appeal from the Commission, the hearing officer must consult with the parties to set a mutually agreeable date for hearing. The hearing officer may thereafter postpone or continue the hearing for good cause.(7-1-24)

05.Open Hearing. Every hearing is public, unless the hearing officer closes the hearing for good cause. Individual parties may represent themselves (pro se) or be represented by an attorney.(7-1-24)

06.Decision of Hearing Officer. The hearing officer must issue a decision in the form of a preliminary order explaining the right to file a petition for review under Section 67-5317, Idaho Code. The preliminary order, consisting of such findings of fact, conclusions of law and orders as are necessary, together with the record of the proceedings must be filed at the office of the Commission with a copy sent or delivered to the parties. A motion for reconsideration under Section 67-5243, Idaho Code, is not permitted.(7-1-24)

IDAPA 15.04.01.202 Petition for Review Procedure

01.Filing of Petition for Review.

A petition for review shall be filed at the office of the Commission within thirty-five (35) days of the hearing officer’s decision issued pursuant to Rule 201.10. The petition shall be in writing and specifically cite the alleged errors of fact or law made by the hearing officer.(7-1-24)

02.Stay of Hearing Officer's Decision. Upon the filing of the petition for review, the jurisdiction of the hearing officer in the matter is ended except for resolving post-hearing motions and awarding attorney fees and costs. The hearing officer’s decision and any orders entered pursuant to Rules 201.10 and 201.11 will be automatically stayed.(7-1-24)

03.Nature of Hearing. The hearing of the Commission on a petition for review will be limited to oral arguments regarding issues of law and fact as may be found in the record established before the hearing officer and any post-hearing orders. Written arguments or briefs and motions regarding the petition for review will be allowed under such terms as the Commission may direct in its notice of hearing, which will be issued at least twenty-eight (28) days prior to the date set for hearing.(7-1-24)

04.Transcript. If the petition for review involves questions of fact, the appellant shall provide a full transcript of the proceedings before the hearing officer for the Commission to review. The respondent may pay for an additional copy of the transcript for respondent’s own use.(7-1-24)

05.Requests for Postponement and Other Motions.(7-1-24)

a.Except in emergencies, a request for postponement shall be filed in writing by a party or representative not later than seven (7) days before the scheduled hearing. The Chair of the Commission, or his or her designee, may determine whether good cause is shown for the postponement and grant or deny the request on behalf of the Commission.(7-1-24)

b.Motions to dismiss for lack of jurisdiction shall be decided by the Commission. All other motions shall be considered by the Chair of the Commission or at the Chair’s discretion may be referred to one (1)

Commissioner, whose decision on the motion may be communicated to the parties by letter or other informal means, by the Chair or by counsel to the Commission.(7-1-24)

06.Decision on Petition for Review. The decision of the Commission shall include a statement of appeal rights under Section 67-5318, Idaho Code. Motion for reconsideration of Commission decisions pursuant to Section 67-5246, Idaho Code are not permitted. The Commission shall file the original copy of its decision with the record of the proceedings and mail copies to the parties promptly.(7-1-24)

07.Record of the Proceedings. A verbatim record of the proceedings at hearings before the Commission shall be maintained either by electrical devices or by stenographic means, as the Commission may direct, but if any party to the action requests a stenographic record of the proceedings, the record shall be done stenographically. The requesting party shall pay the costs of reporting the proceedings.(7-1-24)

08.Attorney Fees and Costs in a Petition for Review. In its decision on petition for review, the Commission shall make findings as to the entitlement to attorney fees and costs, if any, pursuant to Section 12-117, Idaho Code. If the Commission finds the prevailing party, if any, is entitled to attorney fees and costs, the prevailing party shall file a request for attorney fees and costs, with accompanying memorandum and affidavit in support of the request described in Rule 201.11, with the Commission not later than ten (10) working days after receipt of the Commission’s decision. Objections to the award of attorney fees and costs shall be filed not later than ten (10) working days after receipt of the request for attorney fees and costs. The Commission shall determine the amount of the award, if any, taking into account the factors defined in Rule 201.12.(7-1-24)

09.Protective Orders. The Commission may issue protective orders limiting access to information in the record.(7-1-24)

IDAPA 15.04.01.203 (Reserved)

IDAPA 15.04.01.210 Performance Evaluations

01.Performance Evaluations. Each agency shall use the statewide online performance evaluation system.(7-1-24)

02.Use of Evaluations. Performance evaluations should be used in connection with promotions, transfers, demotions, retentions, separations, and reassignments and used as the affirmative certification for merit increases, bonuses, and salary equity increases and for certifying a probationary employee to permanent status. Other uses of performance evaluations are optional with the appointing authority.(7-1-24)

03.Evaluation Schedule. All classified employees must be evaluated for their performance during probationary periods for appointments and promotions and for every two thousand eighty (2,080) hours of credited state service thereafter (generally, an annual basis). Part-time employees must be evaluated on an annual basis.

IDAPA 15.04.01.211 (Reserved)

IDAPA 15.04.01.240 Workers’ Compensation or Disability

01.Layoff After Twelve Weeks Disability.

If the employee becomes disabled, whether or not due to a workers’ compensation injury, and is unable to fully return to work after twelve (12) weeks’ absence during any consecutive fifty-two (52) week period the employee’s position may be declared vacant unless otherwise prohibited by state or federal law. The twelve (12) weeks’ period of absence need not occur consecutively. The employee’s name is certified to a reemployment preference register when the administrator has been notified by the physician that the employee is able to return to work. Conditional releases will be considered in accordance with the Americans with Disabilities Act.(7-1-24)

IDAPA 15.04.01.241 Separation Upon Failure to Return to Work

Except for those employees on authorized leave or placed on a register with reemployment preference prescribed by Rule 240.01, an employee who has not returned to work within five (5) working days after approved paid or unpaid leave or release by his or her physician shall be considered as having voluntarily separated. Such separation shall be treated as a voluntary resignation, and the employee shall remain eligible for reinstatement. Written notification of his or her separation/resignation shall be mailed to the last known home address. Any objections by the employee to the notice, must be received within five (5) working days of receipt of the notice, or acceptance of the separation/ resignation will be presumed. If objections are received within the timeline, a disciplinary separation (dismissal) or other formal disciplinary action may be pursued as provided in Rule 190.(7-1-24)

IDAPA 15.04.01.242 (Reserved)

IDAPA 15.04.01.250 Administrative Leave

01.Investigation and Due Process Procedure.

Administrative leave may be granted by an appointing authority for employee investigations and due process procedures in accordance with Rule 190.02.(7-1-24)

02.Closure or Inaccessibility. Administrative leave for closure or inaccessibility of a state office/ facility due to severe weather, emergencies or incidents that could jeopardize agency operations, or the safety of others.(7-1-24)

03.Other Reasons. Administrative leave for reasons other than those listed above must be approved in advance by the administrator.(7-1-24)

IDAPA 15.04.01.251 (Reserved)

IDAPA 15.04.01.272 Policy Making Authority

To address the need for all classified employees to be treat ed fairly, and in situations where the State may be considered as one (1) employer, the Division Administrator may issue guidance to provide consistent interpretation of federal law, state law, executive order or rule. Statewide policies governed by the administrator shall be adopted by appointing authorities.(7-1-24)

IDAPA 15.04.01.273 (Reserved)

15.06.07 Emergency Medical Services

IDAPA 15.06.07.000 Legal Authority

The EMS Bureau is authorized under Section 56-1023, Idah o Code, to adopt rules and standards concerning the administration of the Idaho Emergency Medical Services Act, Sections 56-1011 through 56-1030, Idaho Code. The Director is authorized under Section 56-1003, Idaho Code, to supervise and administer an emergency medical services program.(7-1-25)

IDAPA 15.06.07.001 Incorporation by Reference

The following documents are incorporated by reference:(7-1-25)

01.EMS Agency Standards Manual, Edition 2024-1, hereafter referred to as the EMS Agency Standards Manual, is incorporated by reference in this chapter of rules. Copies of the manual may be obtained online at: EMS Agency Standards Manual 2024-1 (idaho.gov).(7-1-25)

02.EMS Data Collection Standards Manual, Edition 2023-1, hereafter referred to as the EMS Data Collection Standards, is incorporated by reference in this chapter of rules. Copies of the manual may be obtained online at: EMS Data Collection Standards Manual 2023 (idaho.gov).(7-1-25)

03.Idaho EMS Education Equipment Standards, Edition 2016-1, hereafter referred to as the EMS Education Equipment Standards, is incorporated by reference in this chapter of rules. Copies of the manual may be obtained online at: EducationEquipmentStandards2016 (idaho.gov).(7-1-25)

04.Idaho EMS Education Standards Manual, Edition 2022-1, hereafter referred to as the EMS Education Standards Manual, is incorporated by reference in this chapter of rules. Copies of the manual may be obtained online at: IdahoEMSEducationStandards.(7-1-25)

05.Idaho Emergency Medical Services (EMS) Physician Commission Standards Manual, Edition 2020-1. hereafter referred to as the EMSPC Standards Manual, is incorporated by reference in this chapter of rules.

Copies of the manual may be obtained online at: EMSPC_StandardsManual2020-1 (idaho.gov).(7-1-25)

06.Minimum Equipment Standards for Licensed EMS Services, Edition 2016-1, hereafter referred to as the EMS Agency Equipment Standards Manual, is incorporated by reference in this chapter of rules. Copies of the manual may be obtained online at: EMS_Minimum_Equipment_Standards_for_Licensed_EMS_Service (idaho.gov).(7-1-25)

07.Time Sensitive Emergency Standards Manual, Edition 2023-1, hereafter referred to as the TSE Standards Manual, is incorporated by reference in this chapter of rules. Copies of the manual may be obtained online at https://tse.idaho.gov/.(7-1-25)

IDAPA 15.06.07.002 Administrative License or Certification Action

Any license, designation or certification may be suspended , revoked, denied, or retained with conditions for noncompliance with any standard or rule. Administrative license, designation or certification actions, including fines, imposed by the EMS Bureau for any action, conduct, or failure to act that is inconsistent with the professionalism, or standards, or both, are provided under Sections 56-1011 through 56-1030, Idaho Code, and these rules.(7-1-25)

IDAPA 15.06.07.003 Criminal History and Background Check Requirements

Individuals applying for any of the following must successfully pass a criminal history background check:(7-1-25)

01.Initial Instructor Certification. (7-1-25)

02.Initial Personnel Licensure.(7-1-25)

03.Reinstatement of Personnel Licensure.(7-1-25)

04.Certificate of Eligibility.(7-1-25)

IDAPA 15.06.07.004 Additional Criminal Background Check

The EMS Bureau may require an updated or additional criminal background check at any time, without expense to the cand idate, if there is cause to believe new or additional information will be disclosed.(7-1-25)

SUBPART A – DEFINITIONS

(Sections 005 - 099)

IDAPA 15.06.07.005 Definitions and Abbreviations a Through B

For the purposes of this chapter, the following definitions apply:(7-1-25) 911 Call. Any request for emergency services that is received or dispatched by a CECS or PSAP, regardless of the method the request was received.(7-1-25)

02.Advanced Emergency Medical Technician (AEMT). An AEMT is a person who:(7-1-25)

a.Has met the qualifications for licensure under Sections 56-1011 through 56-1023, Idaho Code, and these rules;(7-1-25)

b.Is licensed by the EMS Bureau under Sections 56-1011 through 56-1023, Idaho Code;(7-1-25)

c.Carries out the practice of emergency medical care within the scope of practice for AEMT determined by the Idaho Emergency Medical Services Physician Commission (EMSPC), and(7-1-25)

03.Advanced Life Support (ALS). The provision of medical care, medication administration and treatment with medical devices that correspond to the knowledge and skill objectives in the Paramedic curriculum currently approved by the State Health Officer and within the scope of practice authorized by the EMSPC, by persons licensed as Paramedics by the EMS Bureau.(7-1-25)

04.Advanced Practice Registered Nurse. A person who meets the requirements and is licensed as an Advanced Practice Registered Nurse under Sections 54-1401 through 54-1418, Idaho Code.(7-1-25)

05.Advertise. Communication of information to the public, institutions, or to any person concerned, by any oral, written, graphic means including handbills, newspapers, television, radio, telephone directories, billboards, or electronic communication methods.(7-1-25)

06.Affiliation. The formal association that exists between an agency and licensed personnel who appear on the agency’s roster, which includes active participation, collaboration, and involvement. Affiliation can be demonstrated by the credentialing of licensed personnel by the agency medical director.(7-1-25)

07.Affiliating EMS Agency. The licensed EMS agency(s) under which licensed personnel are authorized to provide patient care.(7-1-25)

08.Air Ambulance. Any privately or publicly owned fixed wing or rotary wing aircraft used for, or intended to be used for, the transportation of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. This may include dual or multipurpose vehicles that comply with Sections 56-1011 through 56-1023, Idaho Code, and these rules.(7-1-25)

09.Air Medical Service. An agency licensed by the EMS Bureau that responds to requests for patient care and transportation from hospitals and EMS agencies using a fixed wing or rotary wing aircraft.(7-1-25)

10.Air Medical Transport Service. An air medical service type that licenses an agency to provide air medical response and transport of patients from an emergency scene, and hospital-to-hospital transfers of patients utilizing an air ambulance.(7-1-25)

11.Air Medical Rescue Service. An air medical service type that licenses an agency to provide air medical response and transport of patients from an emergency scene to a rendezvous with air medical transport or ground transport ambulance services.(7-1-25)

12.Air Medical Response. The deployment of an aircraft to respond to an emergency scene for the purpose of patient treatment and transportation.(7-1-25)

13.Ambulance. Any privately or publicly owned motor vehicle, or nautical vessel, used for, or intended to be used for, the transportation of sick or injured persons who may need medical attention during transport.

This may include dual or multipurpose vehicles that comply with Sections 56-1011 through 56-1023, Idaho Code, and specifications under these rules.(7-1-25)

14.Ambulance-Based Clinicians. Registered Nurses and Advanced Practice Registered Nurses who are licensed under Sections 54-1401 through 54-1418, Idaho Code, and Physician Assistants who are licensed under Sections 54-1801 through 54-1841, Idaho Code.(7-1-25)

15.Ambulance Certification. Designation issued by the EMS Bureau to a licensed EMR indicating that the EMR has completed ambulance certification training, examination, and credentialing as required by the EMS Bureau. The ambulance certification allows a licensed EMR to serve as the sole patient care provider in an ambulance during transport or transfer.(7-1-25)

16.Ambulance Service. An agency licensed by the EMS Bureau and operated with the intent to provide pe6sonnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport.(7-1-25)

17.Ambulance Service Type. An agency that is licensed as an ambulance service is intended for patient transport or transfer.(7-1-25)

18.Applicant. Any organization that is requesting an agency license under Sections 56-1011 through 56-1023, Idaho Code, and these rules including the following:(7-1-25)

a.An organization seeking a new license;(7-1-25)

b.An existing agency that intends to:(7-1-25)

i.Change the level of licensed personnel it utilizes;(7-1-25)

ii.Change its geographic coverage area (except by agency annexation); or(7-1-25)

iii.Begin or discontinue providing patient transport services.(7-1-25)

19.Basic Life Support (BLS). The provision of medical care, medication administration, and treatment with medical devices that correspond to the knowledge and skill objectives in the EMR or EMT curriculum currently approved by the State Health Officer and within scope of practice established by the EMSPC, by persons licensed as EMRs or EMTs by the EMS Bureau.(7-1-25)

20.Board. The Idaho Board of Health and Welfare.(7-1-25)

IDAPA 15.06.07.006 Definitions and Abbreviations C Through E

For the purposes of the Emergency Medical Services (EMS) chapters of rules, the following definitions apply:

01.Call Volume. The number of requests for service that an agency either anticipated or responded to during a designated period.(7-1-25)

02.Candidate. Any individual who is requesting an EMS personnel license under Sections 56-1011 through 56-1023, Idaho Code, and these rules.(7-1-25)

03.Certificate of Eligibility. Documentation that an individual is eligible for affiliation with an EMS agency, having satisfied all requirements for an EMS Personnel Licensure except for affiliation, but is not licensed to practice.(7-1-25)

04.Certification. A credential issued by a designated certification body for a specified period indicating that minimum standards have been met.(7-1-25)

05.Certified EMS Instructor. An individual approved by the EMS Bureau, who has met the requirements in these rules to provide EMS education and training.(7-1-25)

06.CoAEMSP. Committee on Accreditation of Educational Programs for the Emergency Medical Services Professions.(7-1-25)

07.Cognitive Exam. Computer-based exam to demonstrate knowledge learned during an EMS education program.(7-1-25)

08.Community Health EMS (CHEMS). The practice of deploying EMS personnel to provide evaluation, advice, or treatment of eligible recipients outside of a hospital setting as part of a community-based team of health and social services providers as authorized by local medical control.(7-1-25)

09.Conflict of Interest. A situation in which a decision by personnel acting in their official capacity is influenced by or may be a benefit to their personal interests.(7-1-25)

10.Consolidated Emergency Communications System (CECS). An emergency communication system operated or coordinated by a government entity that is composed of facilities, equipment, and dispatching services directly related to establishing, maintaining, or enhancing a 911 emergency communications service defined in Section 31-4802, Idaho Code.(7-1-25)

11.Core Content. Set of educational goals, explicitly taught (and not taught), focused on making sure that all students involved learn certain material tied to a specific educational topic and defines the entire domain of out-of-hospital practice and identifies the universal body of knowledge and skills for emergency medical services providers who do not function as independent practitioners.(7-1-25)

12.Course. The specific portions of an education program that delineate the beginning and end of an individual's EMS education. A course is also referred to as a “section” on the NREMT website.(7-1-25)

13.Course Physician. A physician charged with reviewing and approving both the clinical and didactic content of a course.(7-1-25)

14.Credentialed EMS Personnel. Individuals who are authorized to provide medical care by the EMS medical director, hospital supervising physician, or medical clinic supervising physician.(7-1-25)

15.Credentialing. The local process by which licensed EMS personnel are authorized to provide medical care in the out-of-hospital, hospital, and medical clinic setting, including the determination of a local scope of practice.(7-1-25)

16.Critical Care. The treatment of a patient with continuous care, monitoring, medication, or procedures requiring knowledge or skills not contained within the Paramedic curriculum approved by the State Health Officer. Interventions provided by Paramedics are governed by the scope of practice authorized by the EMSPC.(7-1-25)

17.Critical Care Agency. An ambulance or air medical EMS agency that advertises and provides all of the skills and interventions defined as critical care per the incorporated EMSPC Standards Manual.(7-1-25)

18.Department. The Idaho Department of Health and Welfare.(7-1-25)

19.Designated Clinician. A licensed Physician Assistant (PA) or Nurse Practitioner designated by the EMS medical director, hospital supervising physician, or medical clinic supervising physician who is responsible for direct (on-line) medical supervision of licensed EMS personnel in the temporary absence of the EMS medical director.(7-1-25)

20.Direct (On-Line) Supervision. Contemporaneous instructions and directives about a specific patient encounter provided by a physician or designated clinician to licensed EMS personnel who are providing medical care.(7-1-25)

21.Director. The Director of the Department or their designee.(7-1-25)

22.Division. The Department’s Division of Public Health.(7-1-25)

23.Emergency. A medical condition, the onset of which is sudden, that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in placing the person’s health in serious jeopardy, or in causing serious impairments of bodily function or serious dysfunction of any bodily organ or part.(7-1-25)

24.Emergency Driving Procedures. Any EMS response to an emergency utilizing emergency lights, sirens, and traffic exemptions under Section 49-623, Idaho Code.(7-1-25)

25.Emergency Medical Care. The care provided to a person suffering from a medical condition, the onset of which is sudden, that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in placing the person’s health in serious jeopardy, or in causing serious impairments of bodily function or serious dysfunction of any bodily organ or part.(7-1-25)

26.Emergency Medical Responder (EMR). A person who:(7-1-25)

a.Has met the qualifications for licensure in Sections 56-1011 through 56-1023, Idaho Code, and these rules;(7-1-25)

b.Is licensed by the EMS Bureau under Sections 56-1011 through 56-1023, Idaho Code;(7-1-25)

c.Carries out the practice of emergency medical care within the scope of practice for EMR

27.Emergency Medical Services (EMS). Under Section 56-1012(16), Idaho Code, EMS is aid rendered by an individual or group of individuals who do the following:(7-1-25)

a.Respond to a perceived need for medical care to prevent loss of life, aggravation of physiological or psychological illness, or injury;(7-1-25)

b.Are prepared to provide interventions that are within the scope of practice as defined by the EMSPC.(7-1-25)

c.Use an alerting mechanism to initiate a response to requests for medical care; and(7-1-25)

d.Offer, advertise, or attempt to respond as described in these rules.(7-1-25)

28.Emergency Medical Technician (EMT). A person who:(7-1-25)

a.Has met the qualifications under Sections 56-1011 through 56-1023, Idaho Code, and these rules;

b.Is licen sed by the EMS Bureau under Sections 56-1011 through 56-1023, Idaho Code;(7-1-25)

c.Carries out the practice of emergency medical care within the scope of practice for EMT

29.Emergency Response. Any EMS response to an emergency utilizing emergency lights, sirens, and traffic exemptions under Section 49-623, Idaho Code.(7-1-25)

30.Emergency Scene. Any setting outside of a hospital, with the exception of the inter-facility transfer, in which the provision of EMS may take place.(7-1-25)

31.EMS Agency. Any organization licensed under Sections 56-1011 through 56-1023, Idaho Code, and these rules that operates an air medical service, ambulance service, or non-transport service.(7-1-25)

32.EMS Bureau. The Bureau of Emergency Medical Services (EMS) and Preparedness.(7-1-25)

33.EMS Education Program. The institution or agency holding an EMS education course. (7-1-25)

34.EMS Education Program Director. The individual responsible for an EMS education program(s).

35.EMS Education Program Objectives. The measurable outcome used by the program to determine student competencies.(7-1-25)

36.EMS Medical Director. A physician who supervises the medical activities of licensed personnel affiliated with an EMS agency.(7-1-25)

37.EMS Physician Commission (EMSPC). The Idaho Emergency Medical Services Physician Commission created under Section 56-1013A, Idaho Code, also referred to as “EMSPC” or “the Commission.”

38.EMS Response. A response to a request for assistance that would involve the medical evaluation or treatment of a patient, or both.(7-1-25)

IDAPA 15.06.07.007 Definitions and Abbreviations F Through N

For the purposes of the Emergency Medical Services (EMS) chapters of rules, the following definitions apply:

01.Facility. A health care organization that is voluntarily seeking designation from the Idaho TSE Council. A facility may be any of the following:(7-1-25)

a.Center as designated by the Idaho TSE Council.(7-1-25)

b.Freestanding emergency department:(7-1-25)

i.Owned by a hospital with a dedicated emergency department;(7-1-25)

ii.Located within thirty-five (35) miles of the hospital that owns or controls it;(7-1-25)

iii.Provides emergency services twenty-four (24) hours per day, seven (7) days per week on an outpatient basis;(7-1-25)

iv.Physically separate from a hospital; and(7-1-25)

v.Meets the staffing and service requirements in IDAPA 16.03.14, “Hospitals.”(7-1-25)

c.Hospital as defined in Section 39-1301, Idaho Code.(7-1-25)

d.A health care clinic in a rural area that is located more than thirty-five (35) miles from a hospital via maintained roads and can provide emergency care to patients. (7-1-25)

02.Formative Evaluation. Assessment, including diagnostic testing, that is a range of formal and informal assessment procedures employed by teachers during the learning process.(7-1-25)

03.Glasgow Coma Score (GCS). A scale used to determine a patient's level of consciousness. It is a rating from three (3) to fifteen (15) of the patient's ability to open their eyes, respond verbally, and move normally.

The GCS is used primarily during the examination of patients with trauma or stroke.(7-1-25)

04.Heart Attack. STEMI, a common name for ST-elevation myocardial infarction, is a more precise definition for a type of heart attack caused by a prolonged period of blocked blood supply that affects a large area of the heart and has a substantial risk of death or disability calling for a quick response.(7-1-25)

05.Hospital. A facility in Idaho licensed under Sections 39-1301 through 39-1314, Idaho Code, and defined in Section 39-1301(a)(1), Idaho Code.(7-1-25)

06.Hospital Supervising Physician. A physician who supervises the medical activities of licensed EMS personnel while employed or utilized for delivery of services in a hospital.(7-1-25)

07.Idaho Time Sensitive Emergency (TSE) System Council. The Idaho TSE System Council established in Section 56-1027, Idaho Code.(7-1-25)

08.Indirect (Off-Line) Supervision. The medical supervision, provided by a physician, to licensed EMS personnel who are providing medical care including EMS system design, education, quality management, patient care guidelines, medical policies, and compliance.(7-1-25)

09.Instructor. Person who assists a student in the learning process and meets the requirements to obtain instructor certification.(7-1-25)

10.Instructor Certification. A credential issued to an individual by the EMS Bureau for a specified period of time indicating that minimum standards for providing EMS instruction under these rules have been met.

11.Intermediate Life Support (ILS). The provision of medical care, medication administration, and treatment with medical devices that correspond to the knowledge and skill objectives in the AEMT curriculum currently approved by the State Health Officer and within the scope of practice defined by the EMSPC, by persons licensed as AEMTs by the EMS Bureau.(7-1-25)

12.Investigation. Research of the facts concerning a complaint or issue of non-compliance that may include performing or obtaining interviews, inspections, document review, detailed subject history, phone calls, witness statements, other evidence, and collaboration with other jurisdictions of authority.(7-1-25)

13.License. A document issued by the EMS Bureau to an agency or individual authorizing specified activities and conditions under Sections 56-1011 through 56-1023, Idaho Code.(7-1-25)

14.Licensed Personnel. Those individuals who are licensed by the EMS Bureau as Emergency Medical Responders (EMR), Emergency Medical Technicians (EMT), Advanced Emergency Medical Technicians (AEMT), and Paramedics.(7-1-25)

15.Licensed Professional Nurse. A person who meets all the applicable requirements and is licensed to practice as a Licensed Professional Nurse under Sections 54-1401 through 54-1418, Idaho Code.(7-1-25)

16.Local Incident Management System . The local system of interagency communications, com mand, and control, established to manage emergencies or demonstrate compliance with the National Incident Management System.(7-1-25)

17.Medical Clinic. A place devoted primarily to the maintenance and operation of facilities for outpatient medical, surgical, and emergency care of acute and chronic conditions or injury.(7-1-25)

18.Medical Clinic Supervising Physician. A physician who supervises the medical activities of licensed EMS personnel while employed or utilized for delivery of services in a medical clinic.(7-1-25)

19.Medical Supervision. The advice and direction provided by a physician, or under the direction of a physician, to licensed EMS personnel who are providing medical care, including direct and indirect supervision.

20.Medical Supervision Plan. The written document describing the provisions for medical supervision of licensed EMS personnel.(7-1-25)

21.National Accrediting Body. An organization whose standards criteria is recognized by the Idaho TSE System Council and verifies compliance with those standards.(7-1-25)

22.National Emergency Medical Services Information System (NEMSIS). The national repository used to store national EMS data that sets the uniform data conventions and structure for the Data Dictionary and collects and provides aggregate data available for analysis and research through its technical assistance center accessed at http://www.nemsis.org.(7-1-25)

23.National Registry of Emergency Medical Technicians (NREMT). An independent, nongovernmental, not-for-profit organization that prepares validated examinations for the state's use in evaluating candidates for licensure.(7-1-25)

24.Non-Transport Service. An EMS agency that provides emergency medical care, but does not transport patients and does not respond to 911 calls or respond to calls using emergency driving procedures unless requested by CECS, PSAP, or a 911 Response agency.(7-1-25)

25.Non-Transport Service Type. An agency that is licensed as a non-transport service type, is not intended for patient transport or transfers, and cannot advertise ambulance services.(7-1-25)

26.Non-Transport Vehicle. Any vehicle operated by an agency with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended as the vehicle that will actually transport sick or injured persons.(7-1-25)

27.Nurse Practitioner. An Advanced Practice Registered Nurse, licensed in the category of Nurse Practitioner, under IDAPA 24.34.01, “Rules of the Idaho Board of Nursing.”(7-1-25)

IDAPA 15.06.07.008 Definitions and Abbreviations O Through Z

For the purposes of the Emergency Medical Services (EMS) chapters of rules, the following definitions apply:

01.Optional Module (OM). Skills identified by the EMSPC that exceed the floor level Scope of Practice for EMS personnel and may be adopted by the agency medical director.(7-1-25)

02.Out-of-Hospital. Any setting outside of a hospital, including inter-facility transfers, in which the provision of emergency medical services may take place.(7-1-25)

03.Paramedic. A person who:(7-1-25)

a.Has met the qualifications under Sections 56-1011 through 56-1023, Idaho Code, and of these rules;(7-1-25)

b.Is licensed by the EMS Bureau under Sections 56-1011 through 56-1023, Idaho Code;(7-1-25)

c.Carries out the practice of emergency medical care within the scope of practice for paramedics

04.Paramedicine. Providing emergency care to sick and injured patients at the ALS level with defined roles and responsibilities to be credentialed at the Paramedic level.(7-1-25)

05.Patient. A sick, injured, incapacitated, or helpless person who is under medical care or treatment.

06.Patient Assessment. The evaluation of a patient by EMS licensed personnel intending to provide treatment or transportation to that patient.(7-1-25)

07.Patient Care. The performance of acts or procedures under emergency conditions in responding to a perceived individual need for immediate care to prevent loss of life, aggravation of physiological or psychological illness, or injury.(7-1-25)

08.Patient Movement. The relatively short distance transportation of a patient from an off-highway emergency scene to a rendezvous with an ambulance or air ambulance.(7-1-25)

09.Patient Transport. The transportation of a patient by ambulance or air ambulance from a rendezvous or emergency scene to a medical care facility.(7-1-25)

10.Physician. A person who holds a current active license under Section 54-1803, Idaho Code, issued by the Board of Medicine to practice medicine and surgery, osteopathic medicine and surgery, or osteopathic medicine and is in good standing with no restrictions upon, or actions taken against, their license.(7-1-25)

11.Physician Assistant. A person who meets all the applicable requirements and is licensed to practice as a physician assistant under Title 54, Chapter 18, Idaho Code.(7-1-25)

12.Planned Deployment. The deliberate, planned placement of EMS personnel outside of an affiliating agency’s deployment model declared on the application under which the agency is currently licensed.

13.Prehospital. A setting where emergency medical care is provided prior to or during transport to a hospital.(7-1-25)

14.Psychomotor Exam. Practical demonstration of skills learned during an EMS education course.

15.Public Safety Answering Point (PSAP). An emergency communication center operated or coordinated by a government entity that is connected to local 911 phone services for the purpose of dispatching emergency services.(7-1-25)

16.Regional Time Sensitive Emergency (TSE) Committee. An Idaho regional TSE committee established under Section 56-1030, Idaho Code.(7-1-25)

17.REPLICA. The Recognition of EMS Personnel Licensure Interstate Compact that allows recognition of EMS personnel licensed in other jurisdictions that have enacted the compact to have personnel licenses reciprocated in the state of Idaho.(7-1-25)

18.Response Time. The total time elapsed from when the agency receives a call for service to when the agency arrives and is available at the scene.(7-1-25)

19.Skills Proficiency. The process overseen by an EMS agency medical director to verify competency in psychomotor skills.(7-1-25)

20.Special Pathogens Transport (SPT). The practice of deploying specially trained EMS personnel and specialized equipment to provide medical care and transport of patients suffering from exposure or disease caused by highly infectious special pathogens.(7-1-25)

21.State Health Officer. The Administrator of the Department’s Division of Public Health. (7-1-25)

22.STEMI. STEMI is an ST segment elevation myocardial infarction that is a particular type of heart attack, or MI (myocardial infarction), that is caused by a prolonged period of blocked blood supply. It affects a large area of the heart muscle, and so causes changes on the ECG as well as in blood levels of key chemical markers. This is considered a major heart attack and is referred to in medical shorthand as a STEMI.(7-1-25)

23.Stroke. An interruption of blood flow to the brain causing paralysis, slurred speech, or altered brain function usually caused by a blockage in a blood vessel that carries blood to the brain (ischemic stroke) or by a blood vessel bursting (hemorrhagic stroke).(7-1-25)

24.Summative Evaluation. End of topic or end of course evaluation that covers both didactic and practical skills application.(7-1-25)

25.Supervision. The medical direction by a licensed physician of activities provided by licensed personnel affiliated with a licensed ambulance, air medical, or non-transport service, including:(7-1-25)

a.Establishing standing orders and protocols;(7-1-25)

b.Reviewing performance of licensed personnel;(7-1-25)

c.Providing instructions for patient care via radio or telephone; and(7-1-25)

d.Other oversight.(7-1-25)

26.Third Service. A public EMS agency that is neither law-enforcement nor fire-department based.

27.Transfer. The transportation of a patient from one (1) medical care facility to another.(7-1-25)

28.Tactical EMS (TEMS). The practice of deploying specially trained EMS personnel to provide emergency medical care in support of law enforcement activities.(7-1-25)

29.Time Sensitive Emergency (TSE). Time sensitive emergencies specifically for this chapter of rules are trauma, stroke, and heart attack.(7-1-25)

30.Transport Service. An agency that provides emergency medical care during transports or transfers, but does not respond to 911 calls. Transport services only respond to calls using emergency driving procedures for emergency hospital-to-hospital transfers and when requested by CECS, PSAP, or a 911 Response agency.(7-1-25)

31.Trauma. The result of an act or event that damages, harms, or hurts a human being resulting in intentional or unintentional damage to the body resulting from acute exposure to mechanical, thermal, electrical, or chemical energy, or from the absence of such essentials as heat or oxygen.(7-1-25)

32.TSE Designated Center. A facility that has voluntarily applied for TSE designation, has met designation criteria, remains in compliance with the designation criteria of these rules, and that the TSE Council has designated as one (1) or more of the following:(7-1-25)

a.Level I Trauma Center;(7-1-25)

b.Level II Trauma Center;(7-1-25)

c.Level III Trauma Center;(7-1-25)

d.Level IV Trauma Center;(7-1-25)

e.Level V Trauma Center;(7-1-25)

f.Pediatric Level I Trauma Center; or(7-1-25)

g.Pediatric Level II Trauma Center; (7-1-25)

h.Level I Stroke Center (Comprehensive);(7-1-25)

i.Level II+ Stroke Center (Thrombectomy Capable);(7-1-25)

j.Level II Stroke Center (Primary); or(7-1-25)

k.Level III Stroke Center (Acute Stroke Ready);(7-1-25)

l.Level I+ STEMI Center (Cardiogenic Shock Capable);(7-1-25)

m.Level I STEMI Center (Heart Attack Receiving); or(7-1-25)

n.Level II STEMI Center (Heart Attack Referring).(7-1-25)

33.TSE Registry. The population-based data system defined under Section 57-2003, Idaho Code.

34.TSE System. An organized statewide approach to treating trauma, stroke, and heart attack patients that establishes and promotes standards for patient transportation, equipment, and information analysis for effective and coordinated TSE care.(7-1-25)

IDAPA 15.06.07.009 (Reserved)

SUBPART B – AGENCY LICENSING REQUIREMENTS

(Sections 100 - 299)

SUBAREA B1: EMS AGENCY GENERAL LICENSURE REQUIREMENT

(Sections 100 - 104)

IDAPA 15.06.07.100 Agency License Required

Any organization that advertises or provides ambulance, air m edical, or non-transport EMS in Idaho must be licensed as an EMS agency under Sections 56-1011 through 56-1023, Idaho Code, and these rules.(7-1-25)

IDAPA 15.06.07.101 Exemption of Ems Agency Licensure

An organization, licensed without restriction to provide EMS in another state and not restricted from operating in Idaho by the EMS Bureau, may provide EMS in Idaho within the limits of its license without an Idaho EMS license only when the organization meets one (1) of the following:(7-1-25)

01.Interstate Compact with Idaho. The organization holds an EMS license in another state where an interstate compact specific to EMS agency licensure with Idaho is in effect.(7-1-25)

02.Emergency, Natural, or Man-made Disaster. The organization is responding to an emergency, or a natural or man-made disaster, declared by federal, state, or local officials and the services of the organization are requested by an entity of local or state government in Idaho.(7-1-25)

03.Transfer of Patient From Out-of-State Medical Facility. The organization is transferring a patient from an out-of-state medical facility:(7-1-25)

a.To a medical facility in Idaho. The organization may return the patient to the point of origin; or

b.Through the state of Idaho.(7-1-25)

04.Transport of Patient From Out-of-State Emergency Scene. The organization is transporting a patient:(7-1-25)

a.From an out-of-state emergency scene to a medical facility in Idaho; or(7-1-25)

b.To a rendezvous with another ambulance.(7-1-25)

IDAPA 15.06.07.102 Services Provided by a Licensed Ems Agency

An EMS agency can provide only those services that are within the agency’s service types and clinical levels stated on the most recent license issued by the EMS Bureau, except when the agency has a planned deployment agreement described in these rules.(7-1-25)

IDAPA 15.06.07.103 Eligibility for Ems Agency Licensure

An entity is eligible for EMS agency licensure upon demonstrated compliance with Idaho statutes and administrative rules in effect at the time the EMS Bureau receives the application.(7-1-25)

IDAPA 15.06.07.104 (Reserved)

SUBAREA B2: EMS AGENCY LICENSURE MODEL

(Sections 105 - 119)

IDAPA 15.06.07.105 Ems Agency-- Lic

ENSING MODEL.

01.Licensing an EMS Agency.

An eligible EMS agency is licensed using a descriptive model that bases the agency licensure on the declarations made in the most recent approved initial or renewal application. An EMS agency must provide only those EMS services described in the most recent application on which the agency was issued a license by the EMS Bureau.(7-1-25)

02.EMS Agency License Models. An EMS agency license is based on the agency’s service types and clinical levels. Geographic coverage areas and resources may differ between the service types and clinical levels under which an agency is licensed.(7-1-25)

03.EMS Agency Providing Air Medical and Ground-Based EMS Services. An EMS agency that provides both air medical and ground-based EMS services must be licensed accordingly and meet all the requirements of an air medical and either an ambulance or non-transport agency, depending on the ground EMS services provided.(7-1-25)

04.Multiple Organization EMS Agency. An EMS agency may be comprised of multiple organizations licensed under a single responsible authority to which the governing officials of each organization agree. The authority must establish a deployment strategy that declares in which areas and at what times within their geographical response area will be covered by the declared service types and clinical levels.(7-1-25)

IDAPA 15.06.07.106 Ems Agency – Service Types

An EMS agency may be licensed as one (1) or more service types.

An agency that provides multiple service types must meet the requirements for each service type provided. The following are the agency services types available for EMS agency licensure.(7-1-25)

01.Ambulance Service Types. An agency that is licensed as an ambulance service is intended for patient transport or transfer.(7-1-25) a.911 Response Transport Service. Available to an agency that provides emergency medical care at emergency scenes, during transports or transfers, and has the primary responsibility of responding to 911 calls dispatched by a Public Safety Answering Point (PSAP) or Consolidated Emergency Communication System (CECS) within a specified geographical area.(7-1-25)

b.Transport Service. Available to an agency that provides emergency medical care during transports or transfers but does not respond to 911 calls. Transport services only respond to calls using emergency driving procedures for emergency hospital-to-hospital transfers and when requested by a CECS, PSAP, or a 911 Response agency.(7-1-25)

02.Non-Transport Service Types. An agency that is licensed as a non-transport service is not intended for patient transport or transfers and cannot advertise ambulance services.(7-1-25) a.911 Response Non-Transport Service. Available to an agency that provides emergency medical care at an emergency scene and has the primary responsibility of responding to 911 calls dispatched by a CECS or PSAP within a specified geographical area.(7-1-25)

b.Non-Transport Service. Available to an agency that provides emergency medical care but does not respond to 911 calls or respond to calls using emergency driving procedures unless requested by a CECS, PSAP, or a 911 Response agency.(7-1-25)

03.Air Medical Service Types. An agency that is licensed with an air medical service type is intended for patient transport, transfer, or rescue.(7-1-25)

a.Air Medical Transport Service. Available to an agency that provides air medical response and transport of patients from emergency scenes and hospitals utilizing a fixed-wing or rotary-wing air ambulance.

b.Air Medical Rescue Service. Available to an agency that provides air medical response via fixedwing or rotary-wing aircraft to emergency scenes for transportation of patients from an emergency scene to a rendezvous with a ground or air medical transport agency.(7-1-25)

IDAPA 15.06.07.107 Ems Agency – Clinical Levels

An EMS agency is licensed at one (1) or more of the following clinical levels depending on the agency’s highest level of licensed personnel and life support services advertised or offered, and provided according to requirements per the incorporated EMSPC Standards Manual.(7-1-25)

01.Basic Life Support (BLS). Deploys licensed EMS personnel trained and equipped to provide all EMR or EMT skills.(7-1-25)

02.Intermediate Life Support (ILS). Deploys licensed EMS personnel trained and equipped to provide Advanced EMT skills.(7-1-25)

03.Advanced Life Support (ALS). Deploys licensed EMS personnel trained and equipped to provide Paramedic skills.(7-1-25)

IDAPA 15.06.07.108 Ems Agency -- Specialty Services

Each EMS agency offering the following specialty se rvices must report such services to the EMS Bureau.(7-1-25)

01.Critical Care (CC). The provision of EMS personnel trained, credentialed, and equipped to provide all critical care skills and required staffing per the incorporated EMSPC Standards Manual.(7-1-25)

02.Community Health EMS (CHEMS). The provision of evaluation, advice, or treatment of eligible recipients outside of a hospital setting as part of a community-based team of health and social services providers as authorized by local medical control.(7-1-25)

a.Clinical treatments and patient assessments cannot exceed the agency’s licensed clinical level.

b.Community Health EMS involving or related to emergency response must be provided by or in coordination with the primary 911 Response Transport agency for that area.(7-1-25)

03.Tactical EMS (TEMS). The provision of emergency medical care in support of law enforcement activities.(7-1-25)

a.The Tactical EMS specialty service must be formally affiliated with one (1) or more local law enforcement agencies.(7-1-25)

b.Clinical treatments of patients cannot exceed the agency’s licensed clinical level unless authorized by the EMSPC.(7-1-25)

04.Special Pathogen Transport (SPT). The provision of emergency medical care and transport of patients suffering from exposure or disease caused by highly infectious special pathogens.(7-1-25)

IDAPA 15.06.07.109 (Reserved)

IDAPA 15.06.07.110 Non-Transport Ems Agency -- Patient Movement

A non-transport agency can move a patient by vehicle only when:(7-1-25)

01.Accessibility of Emergency Scene. The responding ambulance or air ambulance agency cannot access the emergency scene.(7-1-25)

02.Licensed Personnel Level. Patient care is provided by EMS personnel licensed at:(7-1-25)

a.EMT level or higher; or(7-1-25)

b.EMR level only when the patient care integration agreement under which the non-transport agency operates addresses and enables patient movement. The agency must ensure that its personnel are trained and credentialed in patient packaging and movement.(7-1-25)

03.Rendezvous with Transport EMS Agency. Movement of the patient is to rendezvous with an ambulance or air ambulance agency during which the EMS personnel must be in active communication with the ambulance or air ambulance with which they will rendezvous.(7-1-25)

04.Report Patient Movement. A non-transport agency must report all patient movement events to the EMS Bureau within thirty (30) days of the event.(7-1-25)

IDAPA 15.06.07.111 (Reserved)

SUBAREA B3: PERSONNEL REQUIREMENTS FOR EMS AGENCY LICENSURE

(Sections 120 - 129)

IDAPA 15.06.07.120 Ems Agency – General Personnel Requirements

Personnel must be licensed as described in these rules.(7-1-25)

Personnel Requirements for EMS Agency Licensure. Each agency must ensure availability of affiliated personnel licensed and credentialed at or above the clinical level for the entire anticipated call volume, except that an agency holding a 911 Response Transport or 911 Response Non-transport license may request a waiver of this requirement from the EMS Bureau.(7-1-25)

02.Personnel Requirements for an Agency Utilizing Emergency Medical Dispatch. An agency dispatched by a CECS that uses an emergency medical dispatch (EMD) process to determine the clinical needs of the patient must ensure availability of personnel licensed and credentialed at clinical levels appropriate to the anticipated call volume for each of the clinical levels the agency provides.(7-1-25)

03.Personnel Requirements for an Agency Utilizing Ambulance-Based Clinicians. An agency may use ambulance-based clinicians to meet the licensed personnel requirements for agency licensure as follows: a.911 Response Transport, or 911 Response Non-transport Service licensed at the BLS or ILS clinical level.(7-1-25)

b.Transport Service licensed at the ALS clinical level.(7-1-25)

IDAPA 15.06.07.121 Ems Agency -- Specialty Service Personnel Requirements

Each EMS agency offering specialty services as described in these rules is responsible for reporting personnel trained and credentialed to provide those services to the EMS Bureau.(7-1-25)

01.Critical Care. EMS personnel must have been formally trained, credentialed, and equipped to provide all critical care skills per the incorporated EMSPC Standards Manual.(7-1-25)

02.Community Health EMS. Licensed EMS personnel must have received standardized CHEMS training recognized by the EMS Bureau to participate in patient care related to CHEMS.(7-1-25)

03.Tactical EMS. Licensed EMS personnel must have received specialized training to provide emergency medical care in support of law enforcement activities.(7-1-25)

04.Special Pathogens Transport. Licensed EMS personnel must have received specialized training specific to the transport of patients suffering from exposure or disease caused by highly infectious special pathogens.

Such training must include, at a minimum, proper use of appropriate PPE, avoiding disease exposure, use of specialized equipment and containment systems used during transport, crew member and public safety concerns, and proper waste management.(7-1-25)

IDAPA 15.06.07.122 Ambulance Service -- Personnel Requirements

Each ambulance service must ensure that there is one (1) EMS provider providing patient care, not including the driver, on each patient transport or transfer. The crew member providing patient care, at a minimum, must be a licensed EMR with an ambulance certification or a licensed EMT.(7-1-25)

01.Emergency Scene ALS. A licensed paramedic must be present whenever ALS services are provided at an emergency scene or during patient transport to a medical facility.(7-1-25)

02.Interfacility Transfers ALS.(7-1-25)

a.A licensed paramedic or ambulance-based clinician must provide ALS services during interfacility transfers.(7-1-25)

b.A BLS or ILS 911 Response Transport Service may conduct ALS interfacility transfers with a licensed paramedic or ambulance-based clinician if equipped with ALS equipment necessary to provide appropriate patient care and ALS interventions.(7-1-25)

03.Critical Care. A minimum of one (1) credentialed critical care provider and one (1) additional paramedic or ambulance-based clinician are required in the patient compartment during patient transport. Special consideration may be given for the second provider based on a specific specialized patient need.(7-1-25)

IDAPA 15.06.07.123 Air Medical Transport Service -- Personnel Requirements

Each air medical transport service must ensure that the s ta ndard medical flight crew consists of, at a minimum, one (1) licensed Paramedic and one (1) licensed Registered Nurse. At least one (1) crew member on each flight must hold critical care credentials per the incorporated EMSPC Standards Manual. Air Medical Transport Services may utilize alternate medical crew configurations for specific situations as stated below:(7-1-25)

01.Emergency Scene Transports. Alternate crew configurations for emergency scene response and patient transport.(7-1-25)

a.Two (2) Paramedics.(7-1-25)

b.When no other crew with a licensed Paramedic and no other Air Medical Transport Service with a Paramedic crew member is available, an Air Medical Transport Service may deploy a crew of two (2) licensed Registered Nurses.(7-1-25)

02.Interfacility Transfers. Alternate crew configurations for interfacility transfers, based on patient need.(7-1-25)

a.Two (2) Registered Nurses.(7-1-25)

b.One (1) Registered Nurse and One (1) Respiratory Therapist.(7-1-25)

c.Two (2) Paramedics when both possess critical care credentials as described in the incorporated EMSPC Standards Manual.(7-1-25)

IDAPA 15.06.07.124 Personnel for Air Medical Rescue Service

An Air Medical Rescue service must ensure that each fligh t includes a minimum of one (1) patient care provider licensed at or above the agency’s clinical level of licensure, not including the pilot. The crew member providing patient care, at a minimum, must be a licensed EMT.(7-1-25)

IDAPA 15.06.07.125 Planned Deployment -- Personnel Requirements

Planned deployment allows affiliated EMS personnel to act and provide predetermined services outside of their affiliating agency's geographic coverage area. It can allow EMS personnel licensed at a higher clinical level to provide patient care within their credentialed scopes of practice even when the agency into which the planned deployment occurs is licensed at a lower clinical level. A planned deployment agreement must be formally documented and meet the requirements described in the EMS Agency Standards Manual incorporated in these rules.

IDAPA 15.06.07.126 Ambulance-Based Clinicians -- Personnel Requirements

01.Ambulance-Based Clinician Certified by the EMS Bureau. An EMS agency that advertises or provides out-of-hospital patient care by affiliating and utilizing a currently licensed registered nurse, advanced practice registered nurse, or physician assistant, must ensure that those individuals maintain a current ambulancebased clinician certificate issued by the EMS Bureau. See Section 127 of these rules for exceptions to this requirement.(7-1-25)

02.Obtaining an Ambulance-Based Clinician Certificate. An agency, on behalf of an individual who desires an ambulance-based clinician certificate, must provide on the EMS Bureau’s application documentation that the individual:(7-1-25)

a.Holds a current, unrestricted license to practice issued by the Board of Medicine or Board of Nursing; and(7-1-25)

b.Has successfully completed an EMS Bureau-approved ambulance-based clinician training; or

c.Has successfully completed an EMT course.(7-1-25)

03.Maintaining an Ambulance-Based Clinician Certificate. An ambulance-based clinician certificate is valid for as long as the holder of the certificate is continuously licensed by their respective licensing board.(7-1-25)

04.Revocation of an Ambulance-Based Clinician Certificate. The EMS Bureau may revoke an ambulance-based clinician certificate based on the procedures for administrative license actions described in these rules.(7-1-25)

05.Agency Responsibilities for Ambulance-Based Clinicians. The agency must verify that each ambulance-based clinician possesses a current EMS Bureau-issued ambulance-based clinician certificate. The agency must ensure that any ambulance-based clinician meets additional requirements of the corresponding licensing board.

IDAPA 15.06.07.127 Utilizing Physician Assistants, Registered Nurses, or Advanced Practice

REGISTERED NURSES.

An AEMT/ILS ambulance agency may use a n on-certified physician assistant, licensed registered nurse, or advanced practice registered nurse as the crew member who is providing ILS patient services, only when accompanied by a licensed EMR with an ambulance certification or a licensed EMT in the patient compartment of the transport vehicle.

IDAPA 15.06.07.128 (Reserved)

SUBAREA B4: EMS AGENCY VEHICLE REQUIREMENTS

(Sections 130 - 139)

IDAPA 15.06.07.130 Ems Agency -- Vehicle Requirements

Not all EMS agencies need to have emergency response vehicles. An agency’s need for emergency response vehicles is based on the deployment needs of the agency that is declared on the most recent agency licensure application. An agency with a deployment pattern that requires emergency response vehicles must meet the following:(7-1-25)

01.Condition of Response Vehicles. Each of the agency’s EMS response vehicles is in sound, safe, working condition.(7-1-25)

02.Quantity of Response Vehicles. Each EMS agency possesses a sufficient quantity of EMS response vehicles to ensure agency personnel can respond to the anticipated call volume of the agency.(7-1-25)

03.Motor Vehicle Licensing Requirements. Each of the EMS agency’s response vehicles meets the Idaho motor vehicle license and insurance requirements.(7-1-25)

04.Configuration and Standards for EMS Response Vehicles. Each of the EMS agency’s response vehicles is appropriately configured with the declared capabilities on the most recent agency license. Each EMS response vehicle meets the requirements for applicable federal, state, industry, or trade specifications and standards for ambulance or air ambulance vehicles as appropriate. Uniquely configured EMS response vehicles are approved by the EMS Bureau prior to being put into service.(7-1-25)

05.Location of Emergency Response Vehicles. Each of the agency’s EMS response vehicles is stationed or staged within the agency's declared geographic coverage area in a manner that allows agency personnel to effectively respond to the anticipated volume and distribution of requests for service.(7-1-25)

IDAPA 15.06.07.131 Non-Transport Ems Agency -- Vehicles

A licensed non-transport EMS agency may use ambulance vehicles to provide non-transport services.(7-1-25)

IDAPA 15.06.07.132 Ems Agency -- Minimum Equipm

ENT INSPECTION REQUIREMENTS.

Any newly acquired EMS response vehicle must be inspe cted by the EMS Bureau for medical care supplies and devices as specified in the “Minimum Equipment Standards for Licensed EMS Services” document incorporated in these rules before being put into service, except when the newly acquired vehicle is a replacement vehicle and all equipment and supplies are transferred from the vehicle being taken out of service.(7-1-25)

IDAPA 15.06.07.133 Ems Agency -- Ground Vehicle Safety Inspection Requirements

Each EMS agency that deploys emergency vehi cles titled and registered for use on roads and highways, except for all-terrain vehicles and utility vehicles, must meet the following.(7-1-25)

01.New Vehicle Inspection. Each newly acquired, used EMS response vehicle has passed a safety inspection conducted by an inspector authorized to perform Department of Transportation (DOT) vehicle safety inspections prior to the vehicle being put in service.(7-1-25)

02.Response Vehicle Involved in a Crash. Each EMS response vehicle, that is involved in a crash that could result in damage to one (1) or more of the vehicle systems identified in Subsection 133.03 of this rule, has passed a safety inspection conducted by an inspector authorized to perform DOT vehicle safety inspections prior to being put back in service.(7-1-25)

03.Vehicle Inspection Standards. Each vehicle safety inspection has verified conformity to the fuel system, exhaust, wheels and tires, lights, windshield wipers, steering, suspension, brakes, frame, and electrical system elements of a DOT vehicle safety inspection defined in Appendix G to Subchapter B of Chapter III at 49 CFR Section 396.17.(7-1-25)

04.Vehicle Inspection Records. Each EMS agency keeps records of all emergency response vehicle safety inspections and are available to the EMS Bureau upon request.(7-1-25)

IDAPA 15.06.07.134 (Reserved)

SUBAREA B5: EMS AGENCY REQUIREMENTS AND WAIVERS

(Sections 140 - 179)

IDAPA 15.06.07.140 Ems Agency -- General Equipment Requirements and Modifications

Each EMS agency must meet the requiremen ts of the incorporated Minimum Equipment Standards document, in addition to the following:(7-1-25)

01.Equipment and Supplies. Each EMS agency maintains sufficient quantities of medical care supplies and devices specified in the minimum equipment standards to ensure availability for each response.

02.Safety and Personal Protective Equipment. Each EMS agency maintains safety and personal protective equipment for licensed personnel and other vehicle occupants as specified in the minimum equipment standards. This includes equipment for body substance isolation and protection from exposure to communicable diseases and pathogens.(7-1-25)

03.Modifications to an EMS Agency’s Minimum Equipment List. An EMS agency’s minimum equipment list may be modified upon approval by the EMS Bureau. Requests for equipment modifications are submitted to the EMS Bureau and include clinical and operational justification for the modification and are signed by the EMS agency’s medical director. Approved modifications are granted by the EMS Bureau as either an exception or an exemption.(7-1-25)

a.Exceptions to the agency’s minimum equipment list requirements may be granted by the EMS Bureau upon inspection or review of a modification request, when the circumstances and available alternatives assure that appropriate patient care will be provided for all anticipated incidents.(7-1-25)

b.Exemptions that remove minimum equipment and do not provide an alternative may be granted by the EMS Bureau following review of a modification request. The request must describe the agency’s deployment model and why there is no anticipated need for the specified equipment to provide appropriate patient care. (7-1-25)

04.Review of an Equipment Modification Request. Each request from an EMS agency for equipment modification will be reviewed by the EMS Bureau and may be reviewed by the EMSPC. The recommendations from EMSPC are submitted to the EMS Bureau which has the final authority to approve or deny the modification request.(7-1-25)

05.Denial of an Equipment Modification Request. An EMS agency may appeal the denial of an equipment modification request under Title 67, Chapter 52, Idaho Code.(7-1-25)

06.Renewal of Equipment Modification. An EMS agency’s equipment modification must be reviewed and reaffirmed as follows:(7-1-25)

a.Annually, with the agency license renewal application; or(7-1-25)

b.When the EMS agency changes its medical director.(7-1-25)

IDAPA 15.06.07.141 Air Medical Ems Agency -- Equipment Requirements and Modifications

Each air medical agency must meet the requ irements under Section 140 of these rules, and the following:(7-1-25)

01.FAA 135 Certification. The air medical agency holds a Federal Aviation Administration 135 certification.(7-1-25)

02.Configuration and Equipment Standards. Aircraft and equipment configuration that does not compromise the ability to provide appropriate care or prevent emergency care providers from safely performing emergency procedures, if necessary, while in flight.(7-1-25)

IDAPA 15.06.07.142 (Reserved)

IDAPA 15.06.07.150 Ems Agency -- Communication Requirements

Each EMS agency must meet the following to ob tain or maintain agency licensure.(7-1-25)

01.Air Medical EMS Agency. Each air medical agency has mobile radios of sufficient quantities to ensure that every aircraft and ground crew has the ability to communicate on the frequencies 155.340 MHZ and 155.280 MHZ, with continuous tone-coded squelch system encoding capabilities to allow access to the Idaho EMS radio communications system.(7-1-25)

02.Ambulance EMS Agency. Each ambulance EMS agency has mobile radios of sufficient quantities to ensure that every vehicle crew has the ability to communicate on the frequencies 155.340 MHZ and 155.280 MHZ, with continuous tone-coded squelch system encoding capabilities to allow access to the Idaho EMS radio communications system.(7-1-25)

03.Non-transport EMS Agency. Each non-transport EMS agency has mobile or portable radios of sufficient quantities to ensure that agency personnel at an emergency scene have the ability to communicate on the frequencies 155.340 MHZ and 155.280 MHZ, with continuous tone-coded squelch system encoding capabilities to allow access to the Idaho EMS radio communications system.(7-1-25)

IDAPA 15.06.07.151 Ems Agency -- Dispatch Requirements

01.Twenty-four Hour Dis patch Arrangement. Each EMS agency must have a twenty-four (24) hour dispatch arrangement, except an agency with a twenty-four (24) hour response waiver may have a dispatch arrangement specific to the waiver deployment plan.(7-1-25)

02.Incoming Requests for Out-of-Hospital Response. Each ambulance agency that is not dispatched by a CECS or PSAP must record incoming requests for out-of-hospital transports and retain such recordings for a period of one (1) year.(7-1-25)

IDAPA 15.06.07.152 (Reserved)

IDAPA 15.06.07.160 Ems Agency -- Response Requirements and Waivers

Each EMS agency must respond to calls on a twenty-four (24) hour a day basis within the agency's declared geographic coverage area unless a waiver exists.(7-1-25)

IDAPA 15.06.07.161 Non-Transport Ems Agency -- Waiver of Response Requirement

The controlling authority of a non-transport agency may petition the EMS B ureau for a waiver of the twenty-four (24) hour response requirement if one (1) or more of the following exist:(7-1-25)

01.Not Populated on 24-Hour Basis. The community, setting, industrial site, or event being served by the agency is not populated on a twenty-four (24) hour basis.(7-1-25)

02.Not on Daily Basis Per Year. The community, setting, industrial site, or event being served by the agency does not exist on a three hundred sixty-five (365) day per year basis.(7-1-25)

03.Undue Hardship on Community. The provision of twenty-four (24) hour response would cause an undue hardship on the community being served by the agency.(7-1-25)

04.Abandonment of Service. The provision of twenty-four (24) hour response would cause abandonment of the service provided by the agency.(7-1-25)

IDAPA 15.06.07.162 Non-Transport Ems Agency -- Petition for Waiver

01.Petition for Waiver.

The controlling authority of an existing non-transport agency desiring a waiver of the twenty-four (24) hour response requirement must submit a petition for waiver to the EMS Bureau and provide the information described under the incorporated EMS Agency Standards Manual document.(7-1-25)

02.Waiver Declared on Initial Application. The controlling authority of an applicant non-transport agency desiring a waiver of the twenty-four (24) hour response requirement must declare the request for waiver on the initial application for agency licensure to the EMS Bureau and provide the information described under the incorporated document in the incorporated EMS Agency Standards Manual document.(7-1-25)

03.Renewal of Waivers. The controlling authority of a non-transport agency desiring to renew a waiver of the twenty-four (24) hour response requirement must declare the request for renewal of the waiver on the annual renewal application for agency licensure to the EMS Bureau.(7-1-25)

IDAPA 15.06.07.163 (Reserved)

IDAPA 15.06.07.165 Ambulance or Air Medical Ems Agency -- Waiver of Response Requirement

The controlling authority of an existing ambulance or air medical agency may petition the EMS Bureau for a waiver of the twenty-four (24) hour response requirement if one (1) or more of the following exist as a result of the provision of twenty-four (24) hour response:(7-1-25)

01.Undue Hardship on the Community Being Served by the Agency.(7-1-25)

02.Abandonment of the Service by the Agency.(7-1-25)

IDAPA 15.06.07.166 Ambulance or Air Medical Ems Agency -- Petition for Waiver

The controlling authority of an existing ambulance or air medical agency desiring a waiver of the twenty-four (24) hour response requirement must submit a petition for waiver to the EMS Bureau and provide the information described in the incorporated EMS Agency Standards Manual document.(7-1-25)

IDAPA 15.06.07.167 (Reserved)

IDAPA 15.06.07.170 Ems Agency -- Medical Supervision Requirements

Each EMS agency must comply with medical supervision plan requirements and designate a physician as the agency medical director who is responsible for the supervision of medical activities per the incorporated EMSPC Standards Manual(7-1-25)

IDAPA 15.06.07.171 (Reserved)

IDAPA 15.06.07.175 Records, Data Collection, and Submission Requirements

Each licensed EMS agency must collect and subm it EMS response records to the EMS Bureau as follows:(7-1-25)

01.Records to be Maintained. Include a Patient Care Report completed for each EMS Response.

02.Records to be Submitted. Ensure that an accurate and complete electronic Patient Care Report (ePCR) is submitted to the EMS Bureau using approved and validated software in a format determined by the EMS

03.Time Frame for Submitting Records. Submit each month’s data to the EMS Bureau by the 15th of the following month in a format determined by the EMS Bureau.(7-1-25)

IDAPA 15.06.07.176 (Reserved)

SUBAREA B6: EMS AGENCY AGREEMENTS, PLANS, AND POLICIES

(Sections 180 - 199)

IDAPA 15.06.07.180 Ems Agency -- Agreements, Plans,

AND POLICIES.

When applicable, each EMS agency must make the following agreements, plans, and policies available to the EMS Bureau upon request.(7-1-25)

IDAPA 15.06.07.181 Ems Agency – Ambulance Service Response Agreements

Each EMS agency with out-of-hospital cus tomer service agreements to provide ambulance services that are not dispatched by the local CECS or PSAP must provide the customer with written criteria to reasonably identify potential medical emergencies that should be referred to a CECS or PSAP for dispatch of a 911 Response agency unless a staffed ambulance is already on site at the patient’s location.(7-1-25)

IDAPA 15.06.07.182 Ems Agency -- Patient Care Integration

01.Cooperative Agreements for Common Geogr aphic Coverage Area. Each ground EMS agency that shares common geographic coverage areas with other EMS agencies must develop cooperative written agreements that address integration of patient care between the agencies. A ground agency cannot provide a level of care that exceeds the clinical level of a prehospital agency receiving the patient unless the written patient integration plan specifically addresses the continuation of the higher level of care throughout the patient transport.(7-1-25)

02.Cooperative Agreement for Non-Transport Agency. Each 911 Response non-transport EMS agency must have a cooperative written agreement with each of the 911 Response Transport Services that provide response and patient transportation within that geographical area. The agreement must address integration of patient care between the agencies. A non-transport agency may not provide a level of care that exceeds the clinical level of the responding 911 Response Transport Service unless the integration plan specifically addresses the continuation of the higher level of care throughout the patient transport.(7-1-25)

IDAPA 15.06.07.183 Air Medical Ems Agency -- Patient Care Integration

Each air medical agency must declare and make available its pati ent care integration policies to the EMS Bureau upon request.(7-1-25)

IDAPA 15.06.07.184 Ems Agency -- Planned Deployment Agreements

Each EMS agency that utilizes a planned deployment must develop a cooperative planned deployment agreement between the EMS agencies under the incorporated EMS Agency Standards Manual document.(7-1-25)

IDAPA 15.06.07.185 (Reserved)

IDAPA 15.06.07.190 Air Medical Ems Agency -- Required Policies

Each air medical EMS agency must have the following policies on file with the EMS Bureau as described under the incorporated EMS Agency Standards Manual document:(7-1-25)

01.Non-Discrimination Policy.(7-1-25)

02.Weather Turn Down Policy.(7-1-25)

03.Patient Destination Procedure.(7-1-25)

04.Safety Program Policy.(7-1-25)

05.Training Policy.(7-1-25)

IDAPA 15.06.07.191 (Reserved)

SUBAREA B7: EMS AGENCY UTILIZATION OF AIR MEDICAL SERVICES

(Sections 200 - 219)

IDAPA 15.06.07.200 Ems Agency -- Criteria to Request an Air Medical Response

Each ground EMS agency must establish w ritten criteria as described in the incorporated EMS Agency Standards Manual document for the agency’s licensed EMS personnel that provides decision-making guidance for requesting an air medical response to an emergency scene. This criteria must be approved by the agency’s medical director.

IDAPA 15.06.07.201 Ems Agency -- Ems Personnel Request for Air Medical Response

Licensed EMS personnel en route to, or at, the emergency scene have the primary responsibility and authority to req uest the response of air medical services using the local incident management system and licensed EMS agency written criteria under the incorporated EMS Agency Standards Manual document. (7-1-25)

IDAPA 15.06.07.202 Ems Agency -- Cancellation of an Air Medical Response

Following dispatch of air medical services, an air medical response may only be canceled upon completion of a pati ent assessment performed by licensed EMS personnel. (7-1-25)

IDAPA 15.06.07.203 Ems Agency -- Established

CRITERIA FOR SIMULTANEOUS DISPATCH.

Under the incorporated EMS Agency Standards Manual document, a ground EMS agency may establish criteria for sim ultaneous dispatch for air and ground medical response. (7-1-25)

IDAPA 15.06.07.204 Ems Agency-- Selection of

AIR MEDICAL AGENCY.

Each EMS agency has the responsibility to select an appropriate air medical service and have on file selection policies as described in the incorporated EMS Agency Standards Manual document.(7-1-25)

IDAPA 15.06.07.205 (Reserved)

IDAPA 15.06.07.210 Ems Agency -- Landing Zone Procedures for Air Medical Response

A licensed ambulance or non-transport EMS agency in conjunction with an air medical agency must have written procedures for the establishment of a landing zone. These procedures must be compatible with the local incident management system. (7-1-25)

IDAPA 15.06.07.211 Ems Agency -- Review of Air Medical Responses

Each EMS agency must provide incident-s pecific patient care related data identified and requested by the EMS Bureau in the review of air medical response criteria.(7-1-25)

IDAPA 15.06.07.212 (Reserved)

SUBAREA B8: EMS AGENCY INSPECTIONS

(Sections 220 - 249)

IDAPA 15.06.07.220 Ems Agency -- Inspections by

THE EMS BUREAU.

The EMS Bureau is authorized to enter an agency's facility at rea sonable times to inspect an agency's vehicles, equipment, response records, and other necessary items to determine that the EMS agency is in compliance with Idaho statutes and administrative rules.(7-1-25)

IDAPA 15.06.07.221 Ems Agency -- Inspection Requests and Scheduling

An applicant eligible for agency inspectio n must contact the EMS Bureau to schedule an inspection. In the event that the acquisition of capital equipment, hiring, or licensure of personnel is necessary for the inspection process, the applicant must notify the EMS Bureau when ready for the inspection.(7-1-25)

IDAPA 15.06.07.222 Ems Agency -- Inspection Timeframe After Notification of Eligibility

An applicant must schedule and have an inspection completed within six (6) months of notification of eligibility by the EMS Bureau.

An application without an inspection completed within six (6) months is void and must be resubmitted as an initial application.(7-1-25)

IDAPA 15.06.07.223 (Reserved)

IDAPA 15.06.07.225 Ems Agency -- Initial Agency Inspection

The EMS Bureau will perform an initial inspection, which is an integral component of the application process, to ensure the EMS agency applicant is complying with the following:(7-1-25)

01.Validation of Initial Application. Validate the information contained in the application. (7-1-25)

02.Verification of Compliance. Verify the applicant is complying with Idaho statutes and administrative rules.(7-1-25)

IDAPA 15.06.07.226 Ems Agency -- Demonstration of Capabilities During Inspection

The EMS Bureau will review historical and current information during the annual, random, and targeted inspections whereas an applicant must demonstrate the following during the initial inspection process:(7-1-25)

01.Validation of Ability to Submit Data. Each EMS agency applicant must demonstrate the ability to submit data described in these rules.(7-1-25)

02.Validation of Ability to Communicate. Each EMS agency applicant must demonstrate the ability to communicate via radio with the state EMS communications center, local dispatch center, neighboring EMS agencies on which the applicant will rely for support, first response, air and ground patient transport, higher level patient care, or other purposes.(7-1-25)

IDAPA 15.06.07.227 (Reserved)

IDAPA 15.06.07.230 Ems Agency -- Condition That Results in Vehicle or Agency Out of Service

Upon discovery of a condition during inspection that could reasonably pose an immediate threat to the safety of the public or agency staff, the EMS Bureau may declare the condition unsafe and remove the vehicle or agency from service until the unsafe condition is corrected.(7-1-25)

IDAPA 15.06.07.231 (Reserved)

IDAPA 15.06.07.240 Ems Agency -- Exemptions for Agencies Currently Accredited by a

NATIONALLY RECOGNIZED PROFESSIONAL EMS ACCREDITATION AGENCY.

Upon petition by the accredited agency , the EMS Bureau will review the accreditation standards under which the accredited agency was measured and may waive specific duplicated annual inspection requirements where appropriate. If an external accreditation inspection is found to be more rigorous than that of the EMS Bureau, the EMS Bureau may elect to relax the frequency of annual inspections or waive annual inspections altogether. (7-1-25)

IDAPA 15.06.07.241 (Reserved)

SUBAREA B9: EMS AGENCY LICENSURE PROCESS

(Sections 250 - 299)

IDAPA 15.06.07.250 Ems Agency -- Application for Initial Licensure

To be considered for initial EMS agency licens ure, an organization seeking licensure must request, complete, and submit the standardized EMS agency initial license application form provided by the EMS Bureau.(7-1-25)

IDAPA 15.06.07.251 Ems Agency -- Licensure Expiration

Each EMS agency license, unless otherwise declared on the lic ense, is valid for one (1) year from the end of the month of issuance by the EMS Bureau.(7-1-25)

IDAPA 15.06.07.252 (Reserved)

IDAPA 15.06.07.260 Lapsed License

01.Application Not Submitted Prior to Expiration of Current License. An agency that does not submit a complete application as prescribed in these rules will be considered lapsed. The license will no longer be valid.(7-1-25)

02.Grace Period. No grace periods or extensions to an expiration date will be granted when an agency has not submitted a completed renewal application on, or before, the date the current license expires.(7-1-25)

03.Lapsed License. An agency that has a lapsed license cannot provide EMS services.(7-1-25)

04.Regaining Agency Licensure. An agency with a lapsed license will be considered an applicant for initial licensure and is bound by the same requirements and processes as an initial applicant.(7-1-25)

IDAPA 15.06.07.261 (Reserved)

IDAPA 15.06.07.270 Ems Agency License -- Nontransferable

An EMS agency license issued by the EMS Bureau cannot be transferred or sold.(7-1-25)

IDAPA 15.06.07.271 Changes to a Current License

An agency’s officials must submit an agency update to the EMS Bureau within sixty (60) days of any of the following:(7-1-25)

01.Changes Requiring Update. An agency’s officials must submit an agency update to the EMS Bureau within sixty (60) days of any of the following:(7-1-25)

a.Changes made to the geographic coverage area by agency annexation;(7-1-25)

b.Licensed personnel added or removed from the agency affiliation roster. If licensed personnel are removed for cause, a description of the cause must be included;(7-1-25)

c.Vehicles or equipment added or removed from the agency;(7-1-25)

d.Changes to the agency communication plan or equipment;(7-1-25)

e.Changes to the agency dispatch agreement; or(7-1-25)

f.Changes to the agency Medical Supervision Plan.(7-1-25)

02.Changes Requiring Initial Licensure Application. When an agency decides to make any of the following changes, it must submit an initial agency application to the EMS Bureau and follow the initial application process described in these rules:(7-1-25)

a.Clinical level of licensed personnel it utilizes;(7-1-25)

b.Geographic coverage area changes, except by agency annexation;(7-1-25)

c.A non-transport agency that intends to provide patient transport or an ambulance agency that intends to discontinue patient transport and become a non-transport agency; or(7-1-25)

d.An agency that intends to add a 911 Response to an Ambulance Service license or Non-Transport Service license.(7-1-25)

IDAPA 15.06.07.272 (Reserved)

IDAPA 15.06.07.280 Time Sensitive Emergency Certification

The EMS Bureau will certify an EMS Agency as a TSE Designated EMS Agency when such agency, upon proper application and verification, is found to meet the applicable designation criteria under the incorporated EMS Agency Standards Manual document.(7-1-25)

IDAPA 15.06.07.281 (Reserved)

SUBPART C – PERSONNEL LICENSING REQUIREMENTS

(Sections 300 - 399)

IDAPA 15.06.07.300 Standards of Professional Conduct for Ems Personnel

01.Method of Treatment. EMS personnel must practice medically acceptable methods of treatment and must not endeavor to extend their practice beyond their competence and the authority vested in them by the medical director. EMS personnel must not perform any medical procedure or provide medication that deviated from or exceeds the scope of practice for the corresponding level of licensure established per these rules and the incorporated EMSPC Standards Manual.(7-1-25)

02.Knowledge and Proficiency. EMS personnel must maintain standards of knowledge and proficiency as required by this chapter of rules and the incorporated EMSPC Standards Manual.(7-1-25)

03.Respect for the Patient. EMS personnel must provide all services with respect for the dignity of the patient, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems.(7-1-25)

04.Confidentiality. EMS personnel must hold in strict confidence all privileged information concerning the patient except as disclosure or use of this information is permitted or required by law or EMS Bureau rule.(7-1-25)

05.Conflict of Interest. EMS personnel must not accept gratuities for preferential consideration of the patient and must guard against conflicts of interest.(7-1-25)

06.Professionalism. EMS personnel must uphold the dignity and honor of the profession and abide by its ethical principles and must be familiar with existing laws governing the practice of emergency medical services and comply with those laws. EMS personnel must never perform duties of the profession while under the influence of alcohol, illegal substances, or legal drugs or medication causing impairment of function.(7-1-25)

07.Cooperation and Participation. EMS personnel must cooperate with other health care professionals and participate in activities to promote community and national efforts to meet the health needs of the public.(7-1-25)

08.Ethical Responsibility. EMS personnel must refuse to participate in unethical procedures, and assume the responsibility to expose incompetence or unethical conduct of others to the appropriate authority in a proper and professional manner. Misrepresentation in an application or documentation for licensure by means of concealment of a material fact is a violation of ethical responsibility.(7-1-25)

09.Integrity. EMS personnel must act with honesty and integrity and assure that reports, applications and documentation for which they are responsible are free of fraudulent and false information.(7-1-25)

IDAPA 15.06.07.301 (Reserved)

IDAPA 15.06.07.305 Advance Do Not Resuscitate (dnr) Directives

Licensed EMS personnel must follow the DNR protocol established by the EMS Bureau.(7-1-25)

IDAPA 15.06.07.306 (Reserved)

SUBAREA C1: PERSONNEL LICENSURE REQUIREMENTS

(Sections 310 - 374)

IDAPA 15.06.07.310 Personnel Licensure Required

Any individual who provides emergency medical care must obt ain and maintain a current EMS personnel license issued by the EMS Bureau, or recognition by the EMS Bureau as described in these rules. The levels of Idaho personnel licensure are:(7-1-25)

01.Emergency Medical Responder (EMR).(7-1-25)

02.Emergency Medical Technician (EMT).(7-1-25)

03.Advanced Emergency Medical Technician (AEMT).(7-1-25)

04.Paramedic.(7-1-25)

IDAPA 15.06.07.311 Affiliation Required to Practice

Licensed EMS personnel must be affiliated with an EMS agency , and only practice under the supervision of the agency medical director as required in these rules and the incorporated EMSPC Standards Manual.(7-1-25)

312 -- 314.(RESERVED)

IDAPA 15.06.07.315 Recognition of Ems Personnel Licensure Interstate Compact (replica)

01.Licensed EMS Personnel from a REPLICA Member State. Ob taining an Idaho EMS personnel license is not required as long as a REPLICA member state license is maintained. An individual who possesses a current, valid, and unrestricted EMS personnel license from a REPLICA member state, upon request by the individual, will be issued an Idaho EMS personnel license at the same level of licensure as the REPLICA home state license provided the individual is affiliated with an Idaho licensed EMS agency.(7-1-25)

316 -- 319.(RESERVED)

IDAPA 15.06.07.320 Application and Instructions for Ems Personnel Licensure

A personnel license or certificate of eligibility application an d instructions may be obtained from the EMS Bureau, see online at: http://www.idahoems.org.(7-1-25)

IDAPA 15.06.07.321 Time Frame for Personnel Licensure

AFTER SUCCESSFUL COMPLETION OF

EDUCATION COURSE.

An individual who has successfully completed an EMS education course is eligible to attempt the standardized examination for the appropriate level of licensure.(7-1-25)

01.Standardized Examination. A candidate must successfully complete all components of the standardized examination within twenty-four (24) months of completing an EMS training course in order to be eligible for an Idaho EMS personnel license.(7-1-25)

02.Examination Not Completed. If all components of the standardized examination are not successfully completed period within twenty-four (24) months of course completion, the candidate must repeat the initial training course and all components of the standardized examination in order to be eligible for an Idaho EMS personnel license.(7-1-25)

322 -- 324.(RESERVED)

IDAPA 15.06.07.325 Licensure of Members of the Military, Veterans, and Spouses

A member of the military, a former member of the military after discharge under honorable conditions, a veteran, or a spouse of any such person who possesses a current, valid, and unrestricted EMS personnel license in another state, district, or territory of the United States is eligible for EMS personnel licensure in Idaho as follows:(7-1-25)

01.REPLICA State License. Those personnel who have a license from a REPLICA state are licensed under Section 315 of these rules;(7-1-25)

02.Non-REPLICA License. Those personnel who have a license from a non-REPLICA state are licensed under Section 326 of these rules.(7-1-25)

IDAPA 15.06.07.326 Qualifications for Licensure by Endorsement -- Members of the Military,

VETERANS, AND SPOUSES.

Members of the military, veterans, and their spouses may apply to the EMS Bureau for licensure by endorsement provid ed they meet the following:(7-1-25)

01.License from Another Jurisdiction. Possess a current, valid, and unrestricted EMS personnel license, at the same or higher level as the Idaho license being requested, from another state, district, or territory of the United States. The license of any individual subject to official investigation or disciplinary proceedings is not considered current, valid, and unrestricted.(7-1-25)

02.Previous Applications and Licensures. Declare each state or jurisdiction in which they have ever applied for, been denied, or held an EMS license or certification.(7-1-25)

03.Release of Information. Provide authorization for the EMS authority in other states or jurisdictions to release the candidate’s registration, licensure, and certification information to the Idaho EMS Bureau.

04.Current Affiliation with EMS Agency. Declare all organizations in which they are allowed to practice as licensed personnel. A candidate must have a current affiliation with a licensed EMS agency that functions at, or above, the level of licensure being sought by the candidate.(7-1-25)

05.Identification. Have a valid state driver’s license, an Idaho identification card issued by a county driver’s license examining station, or an identification card issued by the armed forces of the United States. (7-1-25)

327 -- 329.(RESERVED)

IDAPA 15.06.07.330 Initial Personnel Licensure

Upon successful completion of an approv ed education course recognized by the EMS Bureau an individual may apply to the EMS Bureau for licensure. The candidate must meet the following:(7-1-25)

01.Age Requirements. An individual applying for licensure must meet the following age requirements:(7-1-25)

a.An EMR and EMT candidate must be either sixteen (16) or seventeen (17) years old with parental or legal guardian consent, or eighteen (18) years old.(7-1-25)

b.An AEMT and Paramedic candidate must be eighteen (18) year old.(7-1-25)

02.Previous Applications and Licensures. A candidate must declare each state or jurisdiction in which they have applied for, been denied, or held an EMS license or certification.(7-1-25)

03.Release of Information. A candidate must provide authorization for the EMS authority in other states or jurisdictions to release the candidate’s registration, licensure, and certification information to the Idaho EMS

04.Affiliation with EMS Agency. A candidate must declare all organizations in which they are allowed to practice as licensed personnel. A candidate must have a current affiliation with a licensed EMS agency that functions at, or above, the level of licensure being sought by the candidate.(7-1-25)

05.Identification. A candidate must have a valid state driver’s license, an Idaho identification card issued by a county driver's license examining station, or an identification card issued by the Armed Forces of the United States.(7-1-25)

06.Criminal History and Background Check. A candidate must successfully complete a criminal history and background check.(7-1-25)

07.Standardized Examination. A candidate must successfully complete the standardized examination for the level of licensure on the application required under Section 430 of these rules. Current NREMT registration at the level of licensure requested or higher meets the examination requirement.(7-1-25)

a.A candidate for EMR licensure must have successfully completed the standardized examination at the EMR level or higher within the preceding thirty-six (36) months.(7-1-25)

b.A candidate for EMT licensure must have successfully completed the standardized examination at the EMT level or higher within the preceding thirty-six (36) months.(7-1-25)

c.A candidate for AEMT licensure must have successfully completed the standardized examination at the AEMT level or higher within the preceding twenty-four (24) months.(7-1-25)

d.A candidate for Paramedic licensure must have successfully completed the standardized examination at the Paramedic level within the preceding twenty-four (24) months.(7-1-25)

08.Exam Attempts For Initial Licensure. A candidate for initial licensure is allowed to attempt to successfully pass the standardized exam as follows:(7-1-25)

a.An EMR candidate is allowed three (3) attempts to pass the exam, after which the initial EMR course must be successfully completed again before another three (3) attempts are allowed.(7-1-25)

b.An EMT candidate is allowed three (3) attempts to pass the exam, after which twenty-four (24) hours of remedial education must be successfully completed before another three (3) attempts are allowed. (7-1-25)

c.An AEMT candidate is allowed three (3) attempts to pass the exam, after which thirty-six (36) hours of remedial education must be successfully completed before another three (3) attempts are allowed. (7-1-25)

d.A Paramedic candidate is allowed three (3) attempts to pass the exam, after which forty-eight (48) hours of remedial education must be successfully completed before another three (3) attempts are allowed. (7-1-25)

09.Licensure Fee. A candidate for AEMT or Paramedic licensure must submit the applicable initial licensure fee provided in Section 331 of these rules.(7-1-25)

IDAPA 15.06.07.331 Application Fees for Personnel Licensure

01.Initial.

A candidate applying for an initial personnel license must submit the following license fee at time of application:(7-1-25)

a.EMR and EMT have no license fee.(7-1-25)

b.AEMT and Paramedic license fee is thirty-five dollars ($35).(7-1-25)

c.There is no initial licensure fee for members of the military, former members of the military after discharge under honorable conditions, veterans, and their spouses who are applying under Section 325 of these rules.

d.There is no initial licensure fee for personnel from a REPLICA member state applying under Section 315 of these rules.(7-1-25)

02.Renewal. A candidate applying for personnel license renewal must submit the following amount at the time of application:(7-1-25)

a.EMR and EMT have no license renewal fee.(7-1-25)

b.AEMT and Paramedic license renewal fee is twenty-five dollars ($25).(7-1-25)

03.Reinstatement. A candidate applying for a personnel license reinstatement must pay the following amount at the time of application:(7-1-25)

a.EMR and EMT have no reinstatement fee.(7-1-25)

b.AEMT and Paramedic reinstatement fee is thirty-five dollars ($35).(7-1-25)

IDAPA 15.06.07.332 (Reserved)

IDAPA 15.06.07.335 Ems Personnel License Duration

Duration of a personnel license is determined using the following specified time intervals.(7-1-25)

Initial License Duration for EMR and EMT. EMR and EMT personnel licenses expire on March 31 or September 30. Expiration dates for EMR and EMT initial licenses are set for not less than thirty-six (36) months and not more than forty-two (42) months from the date of issue in order to establish an expiration date of March 31 or September 30.(7-1-25)

02.Initial License Duration for AEMT and Paramedic. AEMT and Paramedic personnel licenses expire on March 31 or September 30. Expiration dates for AEMT and Paramedic initial licenses are set for not less than twenty-four (24) months and not more than thirty (30) months from the date of issue in order to establish an expiration date of March 31 or September 30.(7-1-25)

03.Renewal Duration for EMR and EMT Level Licensure. An EMR and EMT level personnel license is renewed for three (3) years.(7-1-25)

04.Renewal Duration for AEMT and Paramedic Level Licensure. An AEMT and Paramedic level personnel license is renewed for two (2) years.(7-1-25)

05.REPLICA Licensure Duration. EMS personnel from another REPLICA state who become licensed in Idaho will have their Idaho EMS license expire March 31 or September 30 following the expiration of their EMS license from the original state.(7-1-25)

IDAPA 15.06.07.336 (Reserved)

IDAPA 15.06.07.340 Personnel License Renewal

Licensed personnel must provide documentation that they meet the following requirements:(7-1-25)

Affiliation with EMS Agency. A candidate applying for renewal of licensure must be affiliated with a licensed EMS agency which functions at, or above, the level of licensure being renewed. Documentation that the license holder is currently credentialed or undergoing credentialing by an affiliating EMS agency medical director must be submitted as assurance of affiliation for license renewal.(7-1-25)

02.Continuing Education for Level of Licensure Renewal. A candidate for renewal of licensure must provide documentation of continuing education consistent with the license holder’s level of licensure. All continuing education and skill proficiency requirements must be completed under the provisions in Sections 375 through 399 of these rules. The time frame for continuing education courses must meet the following requirements:

a.All continuing education and skill proficiency requirements for renewal of an initial Idaho personnel license must be completed as follows:(7-1-25)

i.For EMR or EMT, within the thirty-six (36) months preceding expiration.(7-1-25)

ii.For AEMT and Paramedic, within the twenty-four (24) months preceding expiration.(7-1-25)

b.All continuing education and skill proficiency requirements for successive licenses must be completed between the effective and expiration dates of the license being renewed, or according to Section 345.01 of these rules.(7-1-25)

c.All continuing education and skill proficiency requirements for renewal of licenses obtained through conversion of a Certificate of Eligibility must be completed as follows:(7-1-25)

i.For EMR or EMT, within the thirty-six (36) months preceding expiration.(7-1-25)

ii.For AEMT and Paramedic, within the twenty-four (24) months preceding expiration.(7-1-25)

d.A licensee certified by a national EMS certification body may petition the EMS Bureau to review the certification standards under which the licensee was certified. The EMS Bureau may waive specific duplicated continuing educational requirements where appropriate. When an external education requirement is found to be more rigorous than these rules, the EMS Bureau may elect to renew a license based on that education.(7-1-25)

03.Convictions or Adjudications. A candidate for renewal of licensure must provide a declaration of any misdemeanor or felony adjudications.(7-1-25)

04.Time Frame. Documentation of license renewal requirements is due to the EMS Bureau prior to the license expiration date. Failure to submit a complete renewal application by the license expiration date renders the license invalid and the individual must not practice or represent himself as a license holder.(7-1-25)

05.Renewal Fees. A candidate for AEMT or Paramedic license renewal must submit the applicable fee provided in Section 331 of these rules.(7-1-25)

IDAPA 15.06.07.341 (Reserved)

IDAPA 15.06.07.345 Submission of Ems Personnel Licensure Application and Documentation

Each EMS personnel license holder or candidate is responsib le for meeting license renewal requirements and submitting completed license renewal documentation to the EMS Bureau by the current license expiration date.

01.Early Submission.(7-1-25)

a.Licensed EMS personnel may submit renewal application and documentation to the EMS Bureau up to six (6) months prior to the current license expiration date.(7-1-25)

b.Continuing education (CE) taken after early submission of a renewal application may be counted as CE for the next licensure cycle. Prior to the expiration date of the current license, the licensee must submit written notification to the EMS Bureau of the intention to use those CE hours for the next licensure cycle.(7-1-25)

02.Expiration Date on a Non-Work Day. When a license expiration date falls on a weekend, holiday, or other day the EMS Bureau is closed, the EMS Bureau will accept applications until the close of the next regular business day following the non-work day.(7-1-25)

IDAPA 15.06.07.346 (Reserved)

IDAPA 15.06.07.350 Lapsed License

Licensed personnel who fail to submit a complete renewal app lication prior to the expiration date of their license cannot practice or represent themselves as licensed EMS personnel.(7-1-25)

01.Failure to Submit. No grace periods or extensions to an expiration date may be granted. After the expiration date the EMS personnel license will no longer be valid.(7-1-25)

02.Application Under Review. Provided the license renewal candidate submitted the renewal application to the EMS Bureau prior to the application deadline, a personnel license does not lapse while under review by the EMS Bureau.(7-1-25)

03.Failure to Provide Application Information. After the expiration date of a license, a candidate for license renewal who does not provide the information requested by the EMS Bureau within twenty-one (21) days from the date of notification to the last known address, will be considered to have a lapsed license.(7-1-25)

04.Reinstatement of Lapsed EMS Personnel License. In order to reinstate a lapsed license, a candidate must submit an application for license reinstatement to the EMS Bureau within twenty-four (24) months of the expiration date of the lapsed license and meet the requirements in Section 351 of these rules.(7-1-25)

05.Reinstatement of an EMS Personnel License Lapsed for More Than Twenty-Four Months.

An individual whose license has been lapsed for more than twenty-four (24) months must retake and successfully complete an initial education course for the level of licensure for reinstatement. The individual must then meet all requirements in Section 330 of these rules for an initial personnel license.(7-1-25)

IDAPA 15.06.07.351 Reinstatement of a Lapsed Ems Personnel License

An individual desiring to reinstate a lapsed personnel license must provide documentation that he meets the following requirements:(7-1-25)

01.Previous Applications and Licensures. A reinstatement candidate must declare each state or jurisdiction in which he has applied for, been denied, or held an EMS license or certification.(7-1-25)

02.Release of Information. A reinstatement candidate must provide authorization for the EMS authority in other states or jurisdictions to release the candidate’s registration, licensure, and certification information to the Idaho EMS Bureau.(7-1-25)

03.Affiliation with EMS Agency. A reinstatement candidate must declare all organizations in which they are allowed to practice as licensed personnel. The candidate must have a current affiliation with a licensed EMS agency that functions at, or above, the level of licensure being sought by the candidate.(7-1-25)

04.Continuing Education. A candidate for reinstatement of a lapsed license must provide documentation of continuing education consistent with the license holder’s lapsed license. Continuing education requirements are provided in Sections 375 through 399 of these rules. The time frame for meeting the continuing education requirements for reinstatement are as follows:(7-1-25)

a.The candidate must meet continuing education requirements under Sections 390 through 395 of these rules for the last valid licensure cycle; and(7-1-25)

b.Additional continuing education hours in any combination of categories and venues, proportionate to the amount of time since the expiration date of the lapsed license, as follows:(7-1-25)

i.EMR -- Three-quarters (3/4) of one (1) hour of continuing education per month of lapsed time.

ii.EMT -- One and one-half (1 ½) hours of continuing education per month of lapsed time. (7-1-25)

iii.AEMT -- Two and one-quarter (2 ¼) hours of continuing education per month of lapsed time.

iv.Paramedic -- Three (3) hours of continuing education per month of lapsed time.(7-1-25)

05.Identification. A reinstatement candidate must have a valid state driver’s license, an Idaho identification card which is issued by a county driver’s license examining station, or identification card issued by the Armed Forces of the United States.(7-1-25)

06.Criminal History and Background Check. A reinstatement candidate must successfully complete a criminal background check.(7-1-25)

07.Competency Certification. The Medical Director of the reinstatement candidate’s affiliating EMS agency must certify that he has actively assessed the reinstatement candidate’s competency in both the psychomotor and cognitive domains and found that the reinstatement candidate meets the baseline competency requirements for the level of the lapsed license.(7-1-25)

08.Licensure Fee. An AEMT or Paramedic candidate must submit the applicable reinstatement license fee provided in Section 331 of these rules.(7-1-25)

09.Expiration Date. The expiration date for a lapsed license that is reinstated is determined as provided in Section 335 of these rules.(7-1-25)

IDAPA 15.06.07.352 (Reserved)

IDAPA 15.06.07.360 Recognition of Registration, Certification, or Licensure from Other

JURISDICTIONS.

01.EMS Personnel Licensed or Certified in Other States. An individual possessing an EMS personnel license or certification from a state other than Idaho, must have prior recognition or reciprocity granted by the EMS Bureau prior to providing emergency medical care in Idaho. The following applies:(7-1-25)

a.An individual certified or licensed in a state that has an interstate compact with Idaho that allows reciprocal recognition of EMS personnel may practice as licensed personnel as defined in the interstate compact.

b.An individual who is currently licensed or certified by another state to provide emergency medical care can apply to the EMS Bureau for limited recognition to practice in Idaho as provided in Subsection 360.02 of this rule.(7-1-25)

02.Limited Recognition. An individual, who is currently licensed or certified by another state to provide emergency medical care and applies to practice EMS within the confines of a specific incident, may be granted limited recognition by the EMS Bureau. Limited recognition allows an individual to practice EMS in Idaho only within the confines of the specific incident for which it was issued and only for a specified period of time not to exceed the duration of the incident for which it was issued.(7-1-25)

03.Personnel with NREMT Registration or Current EMS Certification. An individual, possessing a current NREMT registration or a current EMS certification or license from another state at or above the level of licensure they are seeking in Idaho, is eligible for an Idaho EMS personnel licensure if they satisfy the requirements in Section 330 of these rules.(7-1-25)

04.Personnel Licensure Candidate Trained in Other States. A candidate trained outside of Idaho must apply for and obtain an Idaho EMS license as required in Section 330 of these rules prior to providing emergency medical care in Idaho. A declaration that the candidate is fully eligible for EMS licensure in the state in which they were trained, must be obtained from the EMS licensing authority in that state and submitted to the EMS

IDAPA 15.06.07.361 (Reserved)

IDAPA 15.06.07.365 Changes to an Existing License

01.Surrender of a Current EMS Personnel License.

An individual who possesses a current EMS personnel license may surrender that license at any time by submitting a letter of intent and their license to the EMS

02.Surrender of License to Prevent Investigation or Disciplinary Action. Surrendering or expiration of a license does not prevent an investigation or disciplinary action against the individual.(7-1-25)

03.Relinquish a Current EMS Personnel License for a Lower Level License. An individual who possesses a current license may relinquish that license and receive a license at a lower level with the same expiration date as the original license. The individual must have current affiliation with a licensed EMS agency which functions at, or higher than, the level of licensure being sought.(7-1-25)

04.Relinquishment of a License to a Lower Level License to Prevent Investigation or Disciplinary Action. Relinquishing a personnel license does not prevent an investigation or disciplinary action against the individual.(7-1-25)

05.Reporting Requirements for Changes in Status. Licensed personnel must notify the EMS Bureau within thirty (30) days of a change in name, mailing address, telephone number or agency affiliation.

06.Personnel License Duration Shortened. The EMS Bureau will issue a license with a shortened licensure duration upon the request of the license holder.(7-1-25)

IDAPA 15.06.07.366 Multiple Licenses

An individual may hold more than one (1) level of personnel l icensure in Idaho, but can only renew one (1) personnel license at one (1) level.(7-1-25)

IDAPA 15.06.07.367 (Reserved)

IDAPA 15.06.07.370 Certificate of Eligibility Requirements

01.Personnel Licensure Requirements are Met.

An individual, who has successfully completed an approved course, and meets all requirements for EMS personnel licensure required in Section 330 of these rules, except for obtaining an agency affiliation provided in Subsection 330.04 of these rules, may apply to the EMS Bureau for a certificate of eligibility.(7-1-25)

02.Duration. Duration of a certificate of eligibility is determined using the specified time intervals of the personnel licensure level requirements in Section 335 of these rules.(7-1-25)

03.Criminal History and Background Check. An individual applying for a certificate of eligibility must successfully complete a criminal history and background check within the six (6) months prior to the issuance or renewal of a certificate of eligibility.(7-1-25)

04.Renewal. An individual must provide documentation that the following requirements have been met in order to renew a certificate of eligibility:(7-1-25)

a.Continuing education requirements for the level of licensure listed under the license renewal requirements in Section 340 of these rules have been met; and(7-1-25)

b.Successful completion of the standardized examination designated by the EMS Bureau for the certificate of eligibility.(7-1-25)

05.Revocation. The EMS Bureau will revoke a certificate of eligibility if the certificate holder is determined to no longer meet eligibility requirements or has obtained a personnel license.(7-1-25)

IDAPA 15.06.07.371 Ambulance Certification

01.Certification Required. In order for a licensed EMR to serve as the sole patient care provider who is delivering patient care, the EMR must possess a current ambulance certification issued by the EMS Bureau.

02.Certification Requirements. A licensed EMR applying for and meeting the requirements defined in this section of rule will be issued an ambulance certification. The requirements for ambulance certification are:

a.Have a valid, unrestricted EMR license;(7-1-25)

b.Have successfully completed an ambulance certification training program, examination, and credentialing;(7-1-25)

03.Duration. Ambulance certifications are valid as long as the license holder is continually licensed.

04.Disciplinary and Corrective Action. The EMS Bureau may impose disciplinary and corrective actions on an ambulance certification based on the procedures for administrative license actions described in Sections 500 - 579 of these rules.(7-1-25)

IDAPA 15.06.07.372 Ems Bureau Review of Applications

01.Review of License Applications.

The EMS Bureau reviews each application for completeness and accuracy. Random applications are selected for audit by the EMS Bureau. Applications will also be audited when information declared on the application appears incomplete, inaccurate, or fraudulent.(7-1-25)

02.Expiration While Under Review. A personnel license does not expire while under review by the EMS Bureau, provided the license renewal candidate submitted the renewal application to the EMS Bureau prior to the application deadline.(7-1-25)

IDAPA 15.06.07.373 (Reserved)

SUBAREA C2: CONTINUING EDUCATIONAL AND SKILLS PROFICIENCY REQUIREMENTS

FOR PERSONNEL LICENSURE

(Sections 375-399)

IDAPA 15.06.07.375 Continuing Education and Skills Proficiency

01.Continuing Education Must Meet Objectives of Initial Course Curriculum. All continuing education and skills proficiency assurance must be consistent with the objectives of the initial course curriculum or be a logical progression of those objectives.(7-1-25)

02.Documentation. Licensed personnel must maintain documentation of all continuing education as follows:(7-1-25)

a.An EMR and EMT must maintain documentation of continuing education for four (4) years.

b.An AEMT and Paramedic must maintain documentation of continuing education for three (3) years.(7-1-25)

03.Transition to New Scope of Practice. Education required to transition to a new scope of practice must meet the following:(7-1-25)

a.Within the same level of licensure, all transition education may count on an hour-for-hour basis in the appropriate categories within a single venue. When transition education hours exceed seventy-five percent (75%) of the total continuing education hours required, all continuing education hours can be in a single venue; and(7-1- 25)

b.Education must be completed during a single license duration.(7-1-25)

IDAPA 15.06.07.376 Continuing Education Records Are Subject to Audit

The EMS Bureau reserves the right to audit continuing education records to verify that renewal requirements have been met.(7-1-25)

01.Documentation Record. All documentation for continuing education hours must include: (7-1-25)

a.Name of attendee;(7-1-25)

b.Date education was completed; and(7-1-25)

c.Education sponsor or instructor.(7-1-25)

02.Proof of Completion. The following are acceptable formats for proof of completion of continuing education:(7-1-25)

a.Signed course roster;(7-1-25)

b.Certificate of completion;(7-1-25)

c.Electronic verification of completion of on-line course;(7-1-25)

d.Verification of attendance from EMS conference;(7-1-25)

e.Verification or proof of providing instruction; or(7-1-25)

f.Agency training record validated by agency administrator.(7-1-25)

IDAPA 15.06.07.377 (Reserved)

IDAPA 15.06.07.380 Continuing Education Categories for Personnel Licensure Renewal

01.Airway.(

02.Cardiovascular.(7-1-25)

03.Trauma.(7-1-25)

04.Medical.(7-1-25)

05.Operations.(7-1-25)

06.Pediatrics.(7-1-25)

IDAPA 15.06.07.381 (Reserved)

IDAPA 15.06.07.385 Venues of Continuing Education for Personnel Licensure Renewal

Continuing education for all personnel must be from one or more of the following venues for each licensure period.

01.Structured Classroom Sessions.(7-1-25)

02.Refresher Programs. Refresher programs that revisit the original curriculum and have an evaluation component.(7-1-25)

03.Nationally Recognized Courses.(7-1-25)

04.Regional and National Conferences.(7-1-25)

05.Teaching Continuing Education Topics. The continuing education topics being taught must fall under the categories in Section 380 of these rules.(7-1-25)

06.Agency Medical Director-Approved Self-Study or Directed Study. This venue is not allowed to be used for a certificate of eligibility continuing education requirement.(7-1-25)

07.Case Reviews and Grand Rounds.(7-1-25)

08.Distributed Education. This venue includes distance and blended education using computer, video, audio, Internet, and CD resources.(7-1-25)

09.Journal Article Review with an Evaluation Instrument.(7-1-25)

10.Author or Co-Author an EMS-Related Article in a Nationally Recognized Publication.

11.Simulation Training.(7-1-25)

12.Evaluator at a State or National Psychomotor Exam.(7-1-25)

IDAPA 15.06.07.386 (Reserved)

IDAPA 15.06.07.390 License Renewal Continuing Education Requirements

A license renewal candidate must provide documentation of the following continuing education hours provided in the table below during each licensure period.

IDAPA 15.06.07.391 (Reserved)

LICENSE RENEWAL CONTINUING EDUCATION (CE) REQUIREMENTS

CE CATEGORIES

EMR 15 TOTAL

EMT 36 TOTAL

AEMT

40 TOTAL

PARAMEDIC

60 TOTAL

An individual must complete at least 1 hour of continuing education in each category.

Airway, Respiration, and Ventilation No more than 5 No more than 12 No more than 13 No more than 20 Cardiovascular Trauma Medical Operations:

Landing Zone & Extrication Awareness Pediatrics2 hours4 hours6 hours8 hours

IDAPA 15.06.07.395 License Renewal Skills Proficiency Requirements

A license renewal candidate must demonstrate pro ficiency in the skills necessary to provide safe and effective patient care at the licensure level consistent with the scope of practice provided in the incorporated EMSPC Standards Manual. (7-1-25)

IDAPA 15.06.07.396 (Reserved)

SUBPART D – EMERGENCY MEDICAL SERVICES:

EDUCATION, INSTRUCTOR, AND EXAMINATION REQUIREMENTS

(Sections 400 - 499)

IDAPA 15.06.07.400 Standards of Professional Conduct for Ems Education Program and Exam

PERSONNEL.

All personnel associated with an EMS educat ion program or exam must adhere to the following standards: (7-1-25)

01.Professional Conduct. EMS education program and exam personnel maintain the knowledge necessary to competently teach curriculum and evaluate students as outlined in the Idaho EMS Education Standards.

EMS education program and exam personnel refrain from performing their duties while under the influence of alcohol, any illegal substance, or a legal drug or medication causing impairment of function.(7-1-25)

02.Professional Integrity. EMS education program and exam personnel:(7-1-25)

a.Cannot submit false information in any report, application, or documentation to the EMS Bureau, the National Registry of Emergency Medical Technicians, or any other governing, credentialing, accrediting, or certifying authority.(7-1-25)

b.Comply with state and federal laws relating to the confidentiality of student records; and (7-1-25)

c.Refrain from conduct demonstrating a professional conflict of interest during the performance of their duties as EMS educators or evaluators.(7-1-25)

03.Respectful Behavior. EMS education program and exam personnel ensure just and equitable treatment for all potential and current students and refrain from conduct involving EMS education or evaluation that is in violation of any current Idaho or federal anti-discrimination law or administrative rule.(7-1-25)

IDAPA 15.06.07.401 (Reserved)

SUBAREA D1: EMS EDUCATION PROGRAMS

(Sections 405-414)

IDAPA 15.06.07.405 General Requirements for Ems Education Programs

EMS education programs must meet all requirements in these rules. A program may be approved by the EMS Bureau if all requirements are met. Each program must be approved and in good standing in order for graduates of courses provided by a program to qualify for access to an Idaho EMS certification examination.(7-1-25)

IDAPA 15.06.07.406 Inspection of Ems Education Programs

Representatives of the EMS Bureau are authorized to enter an EMS education facility a t reasonable times for the purpose of assuring that an EMS education program meets the provisions of these rules.(7-1-25)

IDAPA 15.06.07.407 Ems Education Program Eligibility

The following entities are eligible for approval as an EMS Education Program:(7-1-25)

EMS Agency. A licensed Idaho EMS agency, or applicant for agency licensure, that has met all of the agency licensure requirements in these rules with the exception of the personnel requirements in the case of an applicant agency.(7-1-25)

02.Governmental Entity. A recognized governmental entity within the State of Idaho;(7-1-25)

03.School. A proprietary, secondary, or post-secondary school as defined in Title 33, Idaho Code, and in accordance with IDAPA 08.01.11, “Registration of Post-Secondary Educational Institutions and Proprietary Schools”; or(7-1-25)

04.Hospital. An Idaho hospital as defined in IDAPA 16.03.14, “Hospitals.”(7-1-25)

IDAPA 15.06.07.408 Ems Education Program Approval Requirements

The following requirements must be met in order to be approv ed as an EMS Education Program:(7-1-25)

01.All Programs. All EMS educational programs must:(7-1-25)

a.Have the infrastructure elements described in the Idaho EMS Education Standards;(7-1-25)

b.Use a curriculum that meets the Idaho EMS Education Standards;(7-1-25)

c.Utilize personnel to fill the roles as defined in these rules;(7-1-25)

d.Provide sufficient quantities of supplies and equipment in good working order based on the curriculum and the minimum equipment list; and(7-1-25)

e.Have successfully completed a program review within the last three (3) years.(7-1-25)

02.Paramedicine Programs. Programs teaching paramedicine must be accredited by, or have a Letter of Review (LoR) from, the Committee on Accreditation of Educational Programs for the EMS Professions (CoAEMSP). A representative of the EMS Bureau may attend the CoAEMSP site visit. Documentation of official correspondence between CoAEMSP and the program must be provided to the EMS Bureau within thirty (30) days.

IDAPA 15.06.07.409 Ems Education Program Administration

Each EMS Education Program must:(7-1-25)

Register And Maintain Program Information With The Ems Bureau And The National Certifying Body.(7-1-25)

02.Respond To All Program-specific Ems Bureau Inquiries Within Fifteen (15) Days.(7-1-25)

03.Submit Supporting Documentation Requested During An Audit To The Ems Bureau Within Twenty-one (21) Days Of The Request.(7-1-25)

04.Ensure That All Program Personnel Are Familiar With And Conduct Business According To These Rules.(7-1-25)

05.Notify The Ems Bureau Within Fifteen (15) Days Of Any Sanction Taken Against An Instructor That Affects Their Ability To Teach For The Program.(7-1-25)

IDAPA 15.06.07.410 Ems Education Program Course Administration

01.Education.

To prepare students to demonstrate the expected competencies, the EMS Education Program must:(7-1-25)

a.Deliver didactic education and psychomotor training that meets the objectives of the approved curriculum;(7-1-25)

b.Establish and maintain hospital/clinical and field/internship experience agreements to ensure student access under the Idaho EMS Education Standards;(7-1-25)

c.Ensure the majority of initial education is taught by certified EMS instructors.(7-1-25)

02.Evaluation. To assure that students can demonstrate the expected competencies, the EMS Education Program must:(7-1-25)

a.Establish and enforce pass/fail criteria that include evaluation of student performance and competency during labs, didactic, clinical, and field internship training;(7-1-25)

b.Provide formative evaluations during a course to monitor the progress of students; and(7-1-25)

c.Provide a formal summative evaluation that includes a variety of clinical behaviors and judgements at the end of the course to measure the student’s mastery of the objectives of the approved curriculum.(7-1-25)

IDAPA 15.06.07.411 Ems Education Program Course Documentation

Each EMS Education Program must submit the following documentation to the EMS Bureau as described below, in the format provided by the EMS Bureau, and retain it for a minimum of three (3) years:(7-1-25)

01.Course Registration Number (CRN) issued by the EMS Bureau.(7-1-25)

02.Course Roster.(7-1-25)

03.Course Completion Record With Completion Status And Date Of Completion For All Students.(7-1-25)

04.EMR and EMT Programs. Results of formal summative evaluation.(7-1-25)

05.AEMT and Paramedic Programs. Proposed date and location of the psychomotor examination within the timeline required by the national certifying body.(7-1-25)

IDAPA 15.06.07.412 (Reserved)

SUBAREA D2: CRITERIA FOR EMS EDUCATION

(Sections 415-419)

IDAPA 15.06.07.415 Initial Ems Education Requirements

01.Consistency with Scope of Practice.

All curricula must be consistent with the Idaho scope of practice for licensed personnel as set forth in the incorporated EMS Physician Commission Standards Manual which aligns with the clinical level of the course.(7-1-25)

02.Consistency with State and National Standards. All curricula must be consistent with Idaho EMS Education Standards incorporated in these rules, and the National EMS Scope of Practice Model.(7-1-25)

IDAPA 15.06.07.416 (Reserved)

SUBAREA D3: EMS EDUCATION PROGRAM PERSONNEL REQUIREMENTS,

QUALIFICATIONS, AND RESPONSIBILITIES

(Sections 420-424)

IDAPA 15.06.07.420 Required Personnel for Ems Education Programs

Each program must:(

01.Program Director. Identify an individual to serve as the program director. The program director may also serve as teaching faculty provided that faculty qualifications are met.(7-1-25)

02.Teaching Faculty. Identify a sufficient number of teaching faculty who meet the qualifications described below.(7-1-25)

03.Course Physician. Identify an individual to serve as the course physician. The course physician may also serve as teaching faculty, provided that faculty qualifications are met.(7-1-25)

IDAPA 15.06.07.421 Ems Education Program Personnel Qualifications

01.Program Director. Pro gram directors must:(7-1-25)

a.Complete an Education Program Orientation Course within the previous twenty-four (24) months.

b.Have knowledge of current Idaho EMS Education Standards and the requirements for state certification and licensure.(7-1-25)

02.Instructor. Instructors must possess a current instructor certification issued by the EMS Bureau.

03.Adjunct Faculty or Guest Lecturers. Adjunct faculty and guest lecturers must be authorized by the course physician based on credentials, education, or expertise that corresponds to the knowledge and skill objectives they are teaching.(7-1-25)

04.Course Physician. Course physicians must:(7-1-25)

a.Be a Doctor of Osteopathy (DO) or Medical Doctor (MD) currently licensed to practice medicine with experience and current knowledge of emergency care of acutely ill and injured patients; and(7-1-25)

b.Have knowledge or experience in the delivery of out-of-hospital emergency care, including the proper care and transport of patients, medical direction, and quality improvement in out-of-hospital care.(7-1-25)

IDAPA 15.06.07.422 Ems Education Program Personnel Responsibilities

An individual can have multiple personnel responsibilities, but must meet the applicable personnel requirements in these rules and fulfill all the responsibilities of each position they fill.(7-1-25)

01.Program Director. The program director’s responsibilities include:(7-1-25)

a.Administrative oversight of the program;(7-1-25)

b.Ensuring that the program remains in compliance with these rules; and(7-1-25)

c.Serving as the program’s point of contact for the EMS Bureau, or for a national EMS certification body, or both.(7-1-25)

02.Instructor. The instructor’s responsibilities include:(7-1-25)

a.Delivery of didactic and psychomotor education that satisfies the curriculum objectives;(7-1-25)

b.Documentation of student performance and competency under the standards defined by the program;(7-1-25)

c.Following program policies, requirements, and these rules;(7-1-25)

03.Course Physician. The course physician is responsible for oversight of all medical aspects of instruction.(7-1-25)

IDAPA 15.06.07.423 (Reserved)

SUBAREA D4: EMS INSTRUCTOR CERTIFICATION

(Sections 425 - 429)

IDAPA 15.06.07.425 Ems Instructor Certification Requirements

01.Instructor Certification is Required.

To serve as an EMS instructor, an individual must possess a current EMS instructor certificate issued by the EMS Bureau.(7-1-25)

02.Instructor Certification Requirements. An individual applying for and meeting the requirements defined in this rule will be issued an initial EMS instructor certificate. For initial EMS instructor certification, the individual must:(7-1-25)

a.Pass an Idaho criminal history and background check;(7-1-25)

b.Complete an EMS Bureau-sponsored EMS Education Program Orientation Course within the preceding twenty-four (24) months;(7-1-25)

c.Complete a course that meets the requirements of an Adult Methodology Course. See a list of courses and required course content online at http://www.IdahoEMS.org;(7-1-25)

d.Hold a current EMS license or EMS certificate at or above the instructor level requested; and

e.Have held an EMS license or EMS certificate at or above the level of instruction requested for a minimum of three (3) years.(7-1-25)

03.Duration of Certificate. EMS instructor certificates are good for up to three (3) years and are issued with an expiration date of June 30 no more than three (3) years after the date the application was approved by the EMS Bureau.(7-1-25)

IDAPA 15.06.07.426 Ems Instructor Certificate Renewal

An individual applying for and meeting the EMS instructor certificate requirements defined in this rule will be issued a renewed EMS instructor certificate. An individual seeking to renew an EMS instructor certificate must:(7-1-25)

01.Submit an Application. Submit an application for EMS instructor certification renewal in the format provided by the EMS Bureau prior to the expiration date of the current certificate. Certified EMS instructors may submit the renewal application and documentation to the EMS Bureau up to six (6) months prior to the current expiration date of the instructor certificate.(7-1-25)

02.Teaching Time. Document twenty-four (24) hours of teaching time during the current certification period.(7-1-25)

03.Continuing Education. Complete eight (8) hours of continuing education specific to adult education during the current certification period.(7-1-25)

04.License or Certificate. Possess a current Idaho EMS personnel license, a current Idaho certificate of eligibility, or a current national certification at or above the level of instructor certificate.(7-1-25)

IDAPA 15.06.07.427 Lapsed Ems Instructor Certificate

01.Timely Submission.

An application is considered timely when it is submitted to the EMS Bureau prior to the expiration date of the EMS instructor certificate being renewed.(7-1-25)

02.Failure to Submit. An EMS instructor certificate will expire if an instructor fails to submit a complete and timely renewal application.(7-1-25)

03.No Grace Period. The EMS Bureau will not grant grace periods or extensions to an expiration date.(7-1-25)

04.Application Under Review. Provided the instructor submits a timely renewal application, an EMS instructor certificate will not lapse while under review by the EMS Bureau.(7-1-25)

05.Additional Information. The EMS Bureau may request additional information from the instructor to address an application that was found to be incomplete or otherwise non-compliant with these rules. The EMS Bureau will send the request to the instructor’s last known address. The instructor has twenty-one (21) days from the date of notification to respond to the EMS Bureau after which the certificate will be considered lapsed.(7-1-25)

IDAPA 15.06.07.428 (Reserved)

SUBAREA D5: EMS EXAMINATIONS

(Sections 430 - 499)

IDAPA 15.06.07.430 Standardized Ems Examinations

A graduate of an EMS course must successfully complete psych omotor and cognitive examinations in order to qualify for EMS personnel licensure.(7-1-25)

01.EMR and EMT Psychomotor Examination. The psychomotor examination requirement for EMR and EMT course graduates can be met by any of the following:(7-1-25)

a.Pass the end-of-course examination described in these rules.(7-1-25)

b.Pass a level-appropriate EMS Bureau-approved psychomotor examination.(7-1-25)

02.AEMT and Paramedic Psychomotor Examination. The psychomotor examination requirement for AEMT and Paramedic course graduates can only be met by passing a formal EMS Bureau-approved psychomotor examination.(7-1-25)

03.Cognitive Examination. The cognitive examination requirement for all levels of course graduates can only be met by passing the EMS Bureau-approved cognitive examination.(7-1-25)

IDAPA 15.06.07.431 Ems Exam Applications

An organization other than the educational program that w ishes to host a EMS Bureau-approved examination must notify the EMS Bureau at least sixty (60) days in advance of the proposed exam date. Educational programs must notify the EMS Bureau under Section 411 of these rules.(7-1-25)

IDAPA 15.06.07.432 (Reserved)

SUBPART E – COMPLAINTS, INVESTIGATIONS, AND DISCIPLINARY ACTIONS

(Sections 500 - 599)

IDAPA 15.06.07.500 Peer Review Team

The EMS Bureau may elect to conduct a peer review for an alleg ed statute or rule violation when it determines that a peer review is an appropriate action. The EMS Bureau will determine who serves on a peer review team.(7-1-25)

IDAPA 15.06.07.501 Members of a Peer Review Team

The peer review team will consist of four (4) team members selected by the EMS Bureau as appropriate to the case bein g considered from the following:(7-1-25)

01.Licensed Personnel. EMS personnel licensed at, or above, the license level of the subject; or

02.Agency Administrator. EMS agency administrator; or(7-1-25)

03.Training Officer. EMS agency training officer; or(7-1-25)

04.Course Coordinator. Course coordinator of an EMS Bureau-approved education program or course; or(7-1-25)

05.Instructor. EMS Bureau-certified EMS instructor; and(7-1-25)

06.Chairman of Peer Review Team. Each peer review team will be chaired by a licensed Idaho EMS physician as follows:(7-1-25)

a.An Idaho EMS Physician Commissioner for cases involving EMS personnel; or(7-1-25)

b.An Idaho EMS agency medical director for cases involving an EMS agency; or(7-1-25)

c.An Idaho EMS Bureau-approved education program or course sponsoring physician for cases involving educators who are not licensed EMS personnel.(7-1-25)

IDAPA 15.06.07.502 Qualifications Required of a Peer Review Team Member

An individual, serving as a member of an EMS peer review team, must have successfully completed an orientation to EMS-related statute, rules and procedures and have signed confidentiality and conflict of interest agreements provided by the EMS Bureau.(7-1-25)

IDAPA 15.06.07.503 (Reserved)

SUBAREA E1: REPORTING OF COMPLAINTS AND SUSPECTED VIOLATIONS

(Sections 505 - 519)

IDAPA 15.06.07.505 Complaint Submitted When a Violation Is Suspected

Complaints must be submitted in writing on a complaint intake form found online at: htt p://www.idahoems.org.

IDAPA 15.06.07.506 (Reserved)

IDAPA 15.06.07.510 Reporting Suspected Violation

01.Suspected Violations.

Any person may report a suspected violation of any law or rule governing EMS.(7-1-25)

02.Report Violation. To report a suspected violation, contact the EMS Bureau, see online at: http:// www.idahoems.org.(7-1-25)

IDAPA 15.06.07.511 Anonymous Complaints

Anonymous complaints are accepted; however , the inability to collect further information from the complainant may hinder the progress of the investigation.(7-1-25)

IDAPA 15.06.07.512 (Reserved)

SUBAREA E2: INVESTIGATION OF COMPLAINTS AND SUSPECTED VIOLATIONS

(Sections 520 - 529)

IDAPA 15.06.07.520 Ems Bureau Initiates Official Investigation

An official investigation will be initiated when the any of the following occurs:(7-1-25)

Complaint with Allegations. A complaint with an allegation that, if substantiated, would be in violation of any law or rule governing EMS.(7-1-25)

02.Discovery of Potential Violation of Statute or Administrative Rule. EMS Bureau staff or other authorities discover a potential violation of any law or rule governing EMS.(7-1-25)

IDAPA 15.06.07.521 Violations That May Result in Administrative Actions

The EMS Bureau may impose administrative actions, including denial, revocation, suspension, or retention under conditions specified in these rules. Administrative actions may be imposed on any of the following: the holder of, or an applicant or candidate for, an EMS license, certificate, education program approval, or recognition. Administrative actions may be imposed on any of the previously mentioned for any action, conduct, or failure to act that is inconsistent with the professionalism, standards, or both, established by statute or rule.(7-1-25)

IDAPA 15.06.07.522 (Reserved)

IDAPA 15.06.07.525 Refusal to Participate in an Investigation

The refusal to participate by the subject will not prohibit full investigation or a peer review, nor prevent potential administrative license action.(7-1-25)

IDAPA 15.06.07.526 Surrender or Lapse of License

Surrender or lapse of a license will not prohibit full inves tigation with the potential consequence of EMS Bureau imposing a formal administrative license action or fine.(7-1-25)

IDAPA 15.06.07.527 Investigation Confidentiality

01.Informal Resolution. Informal resol ution of complaints or non-compliance by guidance or negotiated resolution is not public information.(7-1-25)

02.Administrative License Action. Preliminary investigations and documents supplied or obtained in connection with them are confidential until a formal notice of administrative license action is issued.(7-1-25)

IDAPA 15.06.07.528 Notice of the Final Disposition of an Investigation

01.Subject.

The EMS Bureau will send notification to the last known address of the subject of the disposition of the investigation, including any pending or current administrative actions.(7-1-25)

02.Other Jurisdiction for EMS Personnel. A copy of administrative action imposed on EMS personnel will be sent to each agency of affiliation, agency medical director, the National Practitioners Data Base, and the National Registry of Emergency Medical Technicians.(7-1-25)

03.Other Jurisdictions for EMS Agencies. A copy of administrative action or nature of fines imposed on EMS agencies will be sent to the agency governing authorities and the agency medical director. (7-1-25)

04.Other Jurisdictions for Educational Programs or Instructors. A copy of any administrative action imposed on an EMS educational program or instructor may be sent to the state Board of Education, the sponsoring physician, the Committee on Accreditation of Educational Programs for the Emergency Medical Services Professions (CoAEMSP), and the National Registry of Emergency Medical Technicians (NREMT).(7-1-25)

IDAPA 15.06.07.529 (Reserved)

SUBAREA E3: DISCIPLINARY AND CORRECTIVE ACTIONS

(Sections 530 - 599)

IDAPA 15.06.07.530 Actions Resulting from Investigations

The following actions may be imposed upon the subject of an investigation by the EMS Bureau without peer review:

01.Letter of Guidance. The EMS Bureau may issue a letter of guidance, directing the subject of the investigation to the standards, rules, educational resources, or local jurisdiction for resolution of minor noncompliance issues where no injury or threat of harm to the public, profession, or EMS system occurred. The subject of the investigation must show a willingness to become compliant and correct the issue within thirty (30) days of receipt of the personnel guidance letter.(7-1-25)

02.Warning Letter. The EMS Bureau may issue a warning letter for a first offense where an unlicensed individual is providing patient care in violation of Section 56-1020, Idaho Code.(7-1-25)

03.Negotiated Resolution. The EMS Bureau may negotiate a resolution with the subject of an investigation where allegations of misconduct or medical scope of practice non-compliance, if found to be true, did not cause, or is not likely to cause, injury or harm to the public, profession, or EMS system. The issue must be resolved and corrected within thirty (30) days of the negotiated resolution or settlement agreed to by both the subject of the investigation and the EMS Bureau.(7-1-25)

a.Negotiated resolution participants will include the subject of the investigation, EMS Bureau staff and other parties deemed appropriate by the EMS Bureau.(7-1-25)

b.During the negotiated resolution process, the subject of the investigation may be offered specific remediation or disciplinary action by consent, which, if agreed to, will resolve the matter with no further right to appeal unless stipulated and agreed to at the time that the remediation or disciplinary action is agreed upon. (7-1-25)

c.When the remediation or disciplinary action is not agreed to by consent of both the subject of the investigation and the EMS Bureau, the matter may then be referred to a peer review.(7-1-25)

IDAPA 15.06.07.531 (Reserved)

IDAPA 15.06.07.535 Peer Review

The EMS Bureau may elect to conduct a peer review for alleged statute or rule violations when it determines that a peer review is an appropriate action, or a negotiated resolution or settlement agreement described in these rules, is not reached. The peer review is conducted as follows:(7-1-25)

01.Review of Case by Peer Review Team. The peer review team reviews the case details, subject’s background, affiliation, licensure history, associated evidence, and documents, and then considers aggravating and mitigating circumstance as follows:(7-1-25)

a.Aggravating circumstances can include prior or multiple offenses, vulnerability of victim, obstruction of the investigation, and dishonesty.(7-1-25)

b.Mitigating circumstances can include absence of prior offenses, absence of dishonest or selfish motive, timely effort to rectify situation, interim successful rehabilitation, misdirection per agency protocol, or medical direction.(7-1-25)

02.Subject Given Opportunity to Respond. The subject of the investigation will be given the opportunity to respond in writing, by teleconference, or at the option of the EMS Bureau, in person to the alleged violation.(7-1-25)

03.Evaluation of Evidence. The peer review team will evaluate the evidence and make a majority decision of the finding for each alleged statute, rule, or standards violation, including any additional detected violations.(7-1-25)

04.Recommend Action. The peer review team will recommend actions to the EMS Bureau. If subject is found to have violated statutes, rules, or standards, the recommendations may include the following:(7-1-25)

a.Administrative license action, time frames, conditions, and fines, if imposed, on an EMS agency;

b.Administrative license action, time frames, and conditions, if imposed, on EMS personnel; or

c.Administrative action, time frames, conditions, and fines, if imposed, on an EMS approved education program or instructor certificate.(7-1-25)

IDAPA 15.06.07.536 (Reserved)

IDAPA 15.06.07.540 Administrative Actions

The EMS Bureau may impose the followin g administrative actions:(7-1-25)

01.Deny Application. The EMS Bureau may deny an application for an EMS personnel license, EMS certificate of eligibility, EMS personnel limited recognition, EMS agency license, EMS education program approval, or an EMS instructor certification:(7-1-25)

a.When the application is not complete or the applicant does not meet the eligibility requirements provided in Sections 56-1011 through 56-1023, Idaho Code, the incorporated EMSPC Standards Manual, these rules; or(7-1-25)

b.For any reason that would justify an administrative action according to Section 521 of these rules.

02.Refuse to Renew. The EMS Bureau may refuse to renew an EMS personnel license, EMS personnel certificate of eligibility, EMS agency license, EMS education program approval, or EMS instructor certification:(7-1-25)

a.When the renewal application is not complete or does not meet the eligibility requirements provided in Sections 56-1011 through 56-1023, Idaho Code, the incorporated EMSPC Standards Manual, these rules; or(7-1-25)

b.Pending final outcome of an investigation or criminal proceeding when criminal charges or allegations indicate an imminent danger or threat to the health, safety, or well-being of persons or property; or

c.For any reason that would justify an administrative action according to Section 521 of these rules.

03.Retain with Probationary Conditions. The EMS Bureau may allow the holder of an EMS personnel license, EMS certificate of eligibility, EMS personnel limited recognition, EMS agency license, EMS education program approval, or EMS instructor certification to retain a license, approval, or certificate as agreed to in a negotiated resolution, settlement, or with conditions imposed by the EMS Bureau.(7-1-25)

04.Suspend. The EMS Bureau may suspend an EMS personnel license, EMS certificate of eligibility, EMS personnel limited recognition, EMS agency license, EMS education program approval, or EMS instructor certification for:(7-1-25)

a.A period of time up to twelve (12) months, with or without conditions; or(7-1-25)

b.Pending final outcome of an investigation or criminal proceeding when criminal charges or allegations indicate an imminent danger or threat to the health, safety, or well-being of persons or property. (7-1-25)

05.Revoke. The EMS Bureau may revoke an EMS personnel license, EMS certificate of eligibility, EMS personnel limited recognition, EMS agency license, EMS education program approval, or EMS instructor certification when:(7-1-25)

a.A peer review team recommends revocation; or(7-1-25)

b.The license or certificate holder is found to no longer be eligible for criminal history clearance.

c.The EMS Bureau will notify the city, fire district, hospital district, ambulance district, dispatch center, and county in which an EMS agency provides emergency prehospital response upon revocation of an EMS agency license. (7-1-25)

06.Review of Administrative Actions by the EMS Physician Commission. The EMS Physician Commission must review, at their next available meeting, administrative actions taken by the EMS Bureau. (7-1-25)

IDAPA 15.06.07.541 (Reserved)

IDAPA 15.06.07.545 Violations That May Result in Fines Being Imposed on Ems Agency

In addition to administrative license actions provided in Section 56-1022, Idaho Code, and these rules, a fine may be imposed by the EMS Bureau upon recommendation of a peer review team on a licensed EMS agency as a consequence of agency violations. Fines may be imposed for the following violations:(7-1-25)

01.Operating An Unlicensed EMS Agency. Operating without a license required in Sections 100 - 299 of these rules including:(7-1-25)

a.Failure to obtain an initial license;(7-1-25)

b.Failure to obtain a license upon change in ownership; or(7-1-25)

c.Failure to renew a license and continues to operate as an EMS agency.(7-1-25)

02.Unlicensed Personnel Providing Patient Care. Allowing an unlicensed individual to provide patient care without first obtaining an EMS personnel license at the appropriate level for the EMS agency.(7-1-25)

03.Failure to Respond. Failure of the EMS agency to respond to a 911 request for service within the agency primary response area in a typical manner of operations when dispatched to a medical illness or injury, except when the responder reasonably determines that:(7-1-25)

a.There are disaster conditions;(7-1-25)

b.Scene safety hazards are present or suspected; or(7-1-25)

c.Law enforcement assistance is necessary to assure scene safety, but has not yet allowed entry to the scene.(7-1-25)

04.Unauthorized Response by EMS Agency. Responding to a request for service which deviates from or exceeds those authorized by the EMS agency license requirements in these rules.(7-1-25)

05.Failure to Allow Inspections. Failure to allow the EMS Bureau or its representative to inspect the agency facility, equipment, records, and other licensure requirements provided in these rules.(7-1-25)

06.Failure To Correct Unacceptable Conditions. Failure of the EMS agency to correct unacceptable conditions within the time frame provided in a negotiated resolution settlement, or a warning letter issued by the EMS Bureau. Including the following:(7-1-25)

a.Failure to maintain an EMS vehicle in a safe and sanitary condition;(7-1-25)

b.Failure to have available minimum EMS Equipment;(7-1-25)

c.Failure to correct patient or personnel safety hazards; or(7-1-25)

d.Failure to retain an EMS agency medical director:(7-1-25)

07.Failure to Report Patient Care Data. Failure to submit patient care data as required in these rules.

IDAPA 15.06.07.546 Fines Imposed on Ems Agency

In addition to administrative license action allowed by statute and rule, a fine may be imposed by the EMS Bureau upo n the recommendation of a peer review team. Fines are imposed on licensed EMS agency as a consequence of agency licensure violations.(7-1-25)

01.Maximum Amount of a Fine. A fine may not exceed one thousand dollars ($1,000) for each specified violation.(7-1-25)

02.Fines Levied After Peer Review. The EMS Bureau may levy a fine against an EMS agency following a peer review that has a majority decision on finding and outcomes, and includes a fine be imposed as part of the recommended action.(7-1-25)

03.Table for Maximum Fine Amount. The maximum amount of a fine that may be imposed on an EMS agency for certain violations listed in Section 545 of these rules are provided in the table below:

IDAPA 15.06.07.547 Collected Fines

Money collected from EMS agency fines will be deposited in to the Emergency Medical Services Fund III provided for in Section 56-1018B, Idaho Code, a dedicated fund account for the purpose of providing grants to acquire vehicles and equipment for use by emergency medical services personnel in the performance of their duties.(7-1-25)

IDAPA 15.06.07.548 (Reserved)

IDAPA 15.06.07.550 Reinstatement Following Revocation

An application for any revoked license, certificate, or educational program approval, may be filed with the EMS Bureau no earlier than one (1) year from the date of the revocation.(7-1-25)

EMS AGENCY FINE AMOUNT FOR VIOLATIONS

Rule Violation Subsection TYPE OF VIOLATION Maximum Fine (each violation)

IDAPA 15.06.07.340 01

Operating an Unlicensed EMS Agency.

a. Failure to obtain an initial license:

b. Failure to obtain a license upon change of ownership:

c. Failure to successfully renew a license: $1000 340.02.Unlicensed EMS Personnel Providing Patient Care.$500 340.03.Failure to Respond. $750

IDAPA 15.06.07.340 04

Unauthorized Response by EMS Agency.

Licensed EMS agency responds to a request for service which deviates from or exceeds those authorized by the EMS agency license.

340.05.Failure to Allow an Inspection of an EMS Agency.$500

IDAPA 15.06.07.340 06

Failure to Correct Unacceptable Conditions.

a. Failure to maintain an EMS vehicle in a safe and sanitary condition:

b. Failure to have available minimum EMS equipment:

c. Failure to correct patient or personnel safety hazards:

d. Failure to retain an EMS agency medical director:

340.07.Failure to Report Patient Care Data.$500

01.Peer Review for Reinstatement. The EMS Bureau will conduct a peer review to consider the reinstatement application.(7-1-25)

02.Recommendation of Peer Review Team. The peer review team will make a recommendation to the EMS Bureau to accept or reject the application for reinstatement.(7-1-25)

03.Reinstatement Determination. The EMS Bureau will accept or reject the reinstatement application based on the peer review team recommendation and other extenuating circumstances.(7-1-25)

a.Reinstatement of a revoked EMS personnel license is subject to the lapsed license reinstatement requirements in these rules.(7-1-25)

b.Reinstatement of a revoked EMS agency license will be subject to an initial agency application requirements in these rules.(7-1-25)

IDAPA 15.06.07.551 (Reserved)

SUBPART F – IDAHO TIME SENSITIVE EMERGENCY SYSTEM COUNCIL

(Sections 600 - 699)

IDAPA 15.06.07.600 Tse Council

Under Section 56-1027, Idaho Code, the TSE Council will consi st of members appointed by the Governor of Idaho and the chair of each regional TSE committee and is responsible for duties described under Section 56-1028, Idaho Code.(7-1-25)

IDAPA 15.06.07.601 Tse Regions

Under Section 56-1028, Idaho Code, the TSE Council is required t o establish TSE regions that provide more effective access to the Idaho TSE system through education, but not for the purpose of promoting competition, restricting, or directing patient referrals within the region. The TSE Council has established six (6) regions in Idaho described in the TSE Standards Manual.(7-1-25)

IDAPA 15.06.07.602 Realignment of Tse Region

The TSE Council may realign a region by initiation of the TSE Council, or at the request of a regional TSE committee, a county or local government entity within the region, a TSE designated center, or a licensed EMS agency within the region.(7-1-25)

01.Requesting Entity. The requesting entity must forward correspondence to the TSE Council specifying the reason for the realignment request that includes:(7-1-25)

a.Existing patient routing patterns used by both EMS agencies and health care centers;(7-1-25)

b.Distances and transport times involved in patient routing patterns;(7-1-25)

c.A list of all entities affected by the request;(7-1-25)

d.A list of all other licensed health care facilities and licensed EMS agencies in the county; and

e.Documentation that all affected regional TSE committees are agreeable to the realignment.

02.Copies of Request. The entity requesting the TSE Council for realignment must provide copies of the correspondence to all affected regional TSE committees, county and local governments, licensed health care facilities, and EMS agencies in the requesting entity’s county.(7-1-25)

03.TSE Decision. The TSE Council will evaluate the request for realignment based on the impact to patient care and will notify all parties of the council’s decision.(7-1-25)

IDAPA 15.06.07.603 Regional Tse Committees

The regional TSE committees’ organization and responsibilities are described under Section 56-1030, Idaho Code.

IDAPA 15.06.07.604 (Reserved)

IDAPA 15.06.07.605 Designation of Tse Centers -- Criteria

Under Section 56-1029, Idaho Code, the TSE Council will designat e a hospital as a trauma, stroke, or STEMI center when such hospital, upon proper application and verification, is found by the TSE Council to meet an applicable designation level for trauma, stroke, or STEMI designation criteria established in the TSE Standards Manual.

IDAPA 15.06.07.606 Trauma Designation Centers

To be a TSE designated Level I, II, III, IV, V, or a Pediatric Level I or Level II Trauma Center, a facility must meet or exceed required standards published for state designation in the TSE Standards Manual.(7-1-25)

IDAPA 15.06.07.607 Stroke Designation Centers

To be a TSE designated Level I, II+ (Thrombectomy), II, or II I Stroke Center, a facility must meet or exceed required standards published for state designation in the TSE Standards Manual.(7-1-25)

IDAPA 15.06.07.608 Stemi Designation Centers

To be a TSE designated Level I+ (Cardiogenic Shock), I or II STEMI Center, a facility must meet or exceed required standards published for state designation in the TSE Standards Manual.(7-1-25)

IDAPA 15.06.07.609 (Reserved)

IDAPA 15.06.07.610 Designation of Centers -- General Requirements

01.Application.

A facility applying for initial TSE designation must apply along with applicable fees for each designation it is requesting. Application process and requirements are provided in the TSE Standards Manual.(7-1-25)

02.Initial Designation. Initial designation requires completion of appropriate application, submission of appropriate fees, and completion of an appropriate site survey based on the TSE Standards Manual.(7-1-25)

IDAPA 15.06.07.611 (Reserved)

IDAPA 15.06.07.620 Tse Designation -- Length of Designation

A TSE center will be designated for a period of three (3) years unless the designation is rescinded by the TSE Council fo r noncompliance with the designation standards of these rules or adjusted to coincide with applicable external verification timetables.(7-1-25)

IDAPA 15.06.07.621 Renewal of Tse Designation

A TSE center must submit its renewal application and applicable fees no later than three (3) months prior to the center’s designation expiration date. Designation will not lapse due to a delay in scheduling the site survey if the delay is through no fault of renewing center. (7-1-25)

IDAPA 15.06.07.622 Notification of Loss of Certification or Licensure

Any TSE designated center that has a loss of certification or licensure must immediately notify the TSE Council.

IDAPA 15.06.07.623 (Reserved)

IDAPA 15.06.07.625 Designation and Tse Site Survey Fees

01.Application With National Verification. An applicant applying for a TSE designation that is verified by a national accrediting body must submit the appropriate designation fees with its application for initial designation and renewal. The designation fees are for a three (3) year designation and are payable on an annual basis.

TSE designation fees are not to exceed those listed in Subsections 625.03 through 625.05 of this rule.(7-1-25)

02.Application Without National Verification. An applicant who requires a TSE site survey prior to designation is required to pay the applicable site survey fee at the time of application. TSE designation and site survey fees are not to exceed those listed in Subsections 625.03 through 625.05 of this rule.(7-1-25)

03.Trauma Designation and TSE Site Survey Fees.

04.Stroke Designation and TSE Site Survey Fees.

TRAUMA DESIGNATIONS

IDAPA 15.06.07.625 03 Level I$45,000 / $15,000

LEVEL II$36,000 / $12,000

LEVEL III$24,000 / $8,000

LEVEL IV$12,000 / $4,000 $1,500 / Not applicable LEVEL V$3,000 / $1,000$1,500 PEDIATRIC LEVEL I and LEVEL II $36,000 / $12,000 No fee.

Must be ACS verified STROKE DESIGNATIONS

IDAPA 15.06.07.625 04 Level I $21,000 / $7,000

LEVEL II+ and LEVEL II$12,000 / $4,000 LEVEL III$1,500 / $500 $1,500/ Not applicable with 05. STEMI Designation and TSE Site Survey Fees.

06.Designation Fee Payment. After completion of the TSE site survey, the TSE Council will notify the applicant facility of the designation determination by letter. The applicant facility must then pay either the annual designation fee or the entire three (3) year designation fee. After designation notification and upon the EMS Bureau’s receipt of the designation fee, designation is effective. The TSE Council will send a certificate of designation and confirmation of the designation period. Annual designation fees for those facilities paying yearly are due to the EMS Bureau within thirty (30) days of the date of the invoice to maintain designation. Failure to meet this deadline will result in suspension or revocation of designation.(7-1-25)

IDAPA 15.06.07.626 (Reserved)

IDAPA 15.06.07.630 Tse Site Survey

The TSE Council will conduct a site survey of each TSE designated center at least once every three (3) years, unless the center has been verified by a national accrediting body to meet or exceed the standards set in these rules. The TSE Council will schedule the site survey with the designated center in a timely manner.(7-1-25)

IDAPA 15.06.07.631 Tse Site Survey -- General Requirements

The TSE site survey will consist of and consider each facility’s applic ation and compliance with the TSE Standards Manual for the specific type of designation being requested. The general requirements in Subsections 631.01 through 635.06 of this rule apply:(7-1-25)

01.Survey Team Member Requirements. Survey team members will meet the following inclusion criteria:(7-1-25)

a.A physician surveyor must:(7-1-25)

i.Be certified by the American Board of Medical Specialties or the American Board of Osteopathic Medicine; (7-1-25)

ii.Be board-certified in the specialty area being represented on the review team;(7-1-25)

iii.Be currently active, or active in the last twelve (12) months, in trauma, stroke, or emergency cardiac care at a center that is at or above the level being reviewed;(7-1-25)

iv.Have no conflict of interest with the facility under review; and(7-1-25)

v.Be from outside the region of the center being verified.(7-1-25)

b.A nurse surveyor or program manager must:(7-1-25)

i.Be currently active, or active in the last twelve (12) months, in trauma, stroke, or emergency cardiac care at a center that is at or above the level being reviewed; (7-1-25)

STEMI DESIGNATIONS

625.05 LEVEL I+ and LEVEL I$21,000 / $7,000 LEVEL II$1,500 / $500 $1,500 / Not applicable with

ii.Have no conflict of interest with the facility under review; and(7-1-25)

iii.Be from outside the region of the center being verified.(7-1-25)

02.Communication Between Surveyors and Facilities. To standardize ethical practice, all communication between surveyors and facilities prior to the survey must be facilitated by TSE program staff.

03.Survey Team Member Notification of Potential Conflict of Interest. Upon being assigned to a site survey team, a potential team member must notify the TSE Council of any potential conflict of interest regarding any financial, professional, or personal bias that may affect the survey of the applicant’s facility.(7-1-25)

04.Notification to Applicant of Survey Team Members. The TSE Council will provide the applicant with the names of the site survey team once they have been selected and at least thirty (30) calendar days prior to the scheduled survey.(7-1-25)

05.Facility Notification to TSE Council of Potential Conflict of Interest. If the applicant believes that a potential surveyor has a financial, professional, or personal bias that may affect the survey, the applicant must notify the TSE Council in writing no later than seven (7) calendar days after the applicant receives the TSE Council’s notification of the proposed survey team.(7-1-25)

06.Notification of Decision for Conflict of Interest. The TSE Council will consider the conflict of interest notice and make a decision concerning replacement of the survey team member in question. No person who has a substantial conflict of interest in the operation of any facility under review will participate in the site survey of the applicant.(7-1-25)

IDAPA 15.06.07.632 Site Survey -- Survey Team Composition

The TSE Council will select a site survey team based on the applicant’s designation application a nd specifications provided in these rules and the standards published in the TSE Standards Manual.(7-1-25)

IDAPA 15.06.07.633 Site Survey -- Additional Surveys

The TSE Council may conduct additional, announced or u nannounced, site reviews of TSE designated centers or applicants when there is reason to believe that the center is not in compliance with the designation criteria standards of these rules.(7-1-25)

IDAPA 15.06.07.634 (Reserved)

IDAPA 15.06.07.635 Designation Decision

01.Summary Report.

The survey team will present a verbal summary of the survey results to the applicant. The survey team will submit in writing to the TSE Council its recommendation on the center’s designation upon completion of the site survey.(7-1-25)

02.Written Report. The TSE Council will consider all evidence and notify the applicant in writing of its decision within thirty (30) calendar days of receiving the survey team’s recommendation.(7-1-25)

03.Final Determination. The TSE Council's final determination regarding each application will be based upon consideration of:(7-1-25)

a.The application;(7-1-25)

b.The evaluation and recommendations of the site survey team;(7-1-25)

c.The best interests of patients; and(7-1-25)

d.Any unique attributes or circumstances that make the facility capable of meeting special community needs.(7-1-25)

04.Provisional Designation. The TSE Council may grant a provisional designation to a facility with deficiencies it deems correctable. A facility receiving a provisional designation must:(7-1-25)

a.Resolve the deficiencies within the time specified by the TSE Council;(7-1-25)

b.Submit documentation that the deficiency has been resolved; and(7-1-25)

c.If necessary, submit to an additional focused site survey and pay the applicable survey fees.

05.Denial. If the TSE Council denies an applicant a designation, the provisions of Title 67, Chapter 52, Idaho Code will apply.(7-1-25)

IDAPA 15.06.07.636 (Reserved)

IDAPA 15.06.07.640 Waivers

01.Granting a Waiver.

The TSE Council may grant a waiver from one (1) or more designation criteria for a center applying for TSE designation.(7-1-25)

02.Waiver Application. A center requesting a waiver must submit a completed TSE Waiver Application Form. The TSE Council may require the applicant to provide additional information, and the application will not be considered complete until all required information is provided.(7-1-25)

03.Post Notice. A center requesting a waiver must post a notice of the waiver application at all public entrances to the center and in at least one (1) area that is commonly used by the patients. The notice must:(7-1-25)

a.Include a meaningful description of the reason for the waiver;(7-1-25)

b.Be posted on the date the waiver application is submitted; (7-1-25)

c.Remain posted for a minimum of thirty (30) calendar days; and (7-1-25)

d.Describe where and to whom comments may be submitted during the thirty (30) calendar days.

04.Notice Distribution. When the notice is posted, the center must distribute copies of the notice to prehospital emergency medical service agencies active in the community served by the center.(7-1-25)

05.Waiver Application Submission. To be placed on the agenda, the completed waiver application must be submitted to the TSE Council at least thirty (30) calendar days before a TSE Council meeting. Applications submitted less than thirty (30) calendar days in advance of a TSE Council meeting will be placed on the next agenda.

06.Waiver Application Distribution. The TSE Council will make available the public notice of the TSE Council meeting regarding the waiver application to all TSE designated centers.(7-1-25)

07.Waiver Application Review. The regional TSE committee must review the request and make recommendations to the TSE Council. The TSE Council must decide and notify the facility administrator in writing within thirty (30) calendar days of the TSE Council meeting during which the waiver decision is made.(7-1-25)

08.Waiver Conditions. When a waiver is granted, the TSE Council must:(7-1-25)

a.Specify the terms and conditions of the waiver;(7-1-25)

b.Specify the duration of the waiver; duration will not exceed the designation period for that center or three (3) years, whichever is shorter; and (7-1-25)

c.Require the submission of progress reports from the center that was granted a waiver.(7-1-25)

09.Waiver Renewal. A center that plans to maintain a waiver beyond its expiration must submit a new waiver application to the TSE Council no less than three (3) months prior to the expiration of the waiver.(7-1-25)

10.Waiver Revocation. The TSE Council may revoke or suspend a waiver when it determines:

a.That continuation of the waiver jeopardizes the health, safety, or welfare of the patients;(7-1-25)

b.The applicant has provided false or misleading information in the waiver application;(7-1-25)

c.The applicant has failed to comply with conditions of the waiver; or(7-1-25)

d.That a change in federal or state law prohibits continuation of the waiver.(7-1-25)

11.Notification and Appeal. When the TSE Council denies, revokes, or suspends a waiver, the TSE Council must provide the center with a written notification of the action and the basis for the action. The notice will inform the facility of the right to appeal and the appeal procedure under Title 67, Chapter 52, Idaho Code.

Notification will be made in writing within thirty (30) calendar days of the TSE Council meeting during which the appeal decision is made.(7-1-25)

IDAPA 15.06.07.641 (Reserved)

IDAPA 15.06.07.645 Denial and Modification

01.Denial.

The TSE Council may deny an initial or renewal application for a center’s designation when a center:(7-1-25)

a.Does not meet the criteria for designation required in these rules;(7-1-25)

b.Application or accompanying documents contain false statements of material facts;(7-1-25)

c.Refuses to allow any part of a site survey;(7-1-25)

d.Fails to comply with or to successfully complete a plan of correction, or(7-1-25)

e.Is substantially noncompliant with any TSE rules.(7-1-25)

02.Modification. When a center fails to meet the criteria at the level of designation for which it applied or opts to surrender its designation, the TSE Council may recommend a designation at a lesser level described in Section 647 of these rules, or a complete revocation of state designation. This action, unless agreed to by the applicant, will represent a denial of the application.(7-1-25)

03.Notification and Appeal. When the TSE Council denies an application for designation, the TSE Council must provide the center with a written notification of the denial and the basis for the denial. The notice will inform the facility of the right to appeal and the appeal procedure under Title 67, Chapter 52, Idaho Code.(7-1-25)

IDAPA 15.06.07.646 Revocation and Suspension

01.Revocation.

The TSE Council may revoke the designation of a center or a waiver when an owner, officer, director, manager, or other employee:(7-1-25)

a.Fails or refuses to comply with the provisions of these rules;(7-1-25)

b.Fails to make annual designation fee payment for those facilities paying yearly;(7-1-25)

c.Makes a false statement of material fact about the center’s capabilities or other pertinent circumstances under investigation for any purposes connected with these rules;(7-1-25)

d.Prevents, interferes with, or attempts to impede in any way, the work of a TSE Council representative in implementing or enforcing these rules;(7-1-25)

e.Falsely advertises, or in any way misrepresents the facility’s ability to care for patients based on its designation status;(7-1-25)

f.Is substantially noncompliant with these rules and has not rectified such noncompliance; (7-1-25)

g.Fails to provide reports required by the Idaho TSE Registry or the EMS Bureau in a timely and complete fashion; or(7-1-25)

h.Fails to comply with or complete a plan of correction in the time or manner specified.(7-1-25)

02.Suspension. The TSE Council may suspend a center’s designation or waiver when it finds, after investigation, that the center has engaged in a deliberate and willful violation of these rules, or that the public’s health, safety, or welfare is endangered.(7-1-25)

03.Notification and Appeal. When the TSE Council revokes or suspends a center’s designation or waiver, it must provide the center with a written notification of the action and the basis for the action. The notice will inform the center of the right to appeal and the appeal procedure under Title 67, Chapter 52, Idaho Code.(7-1-25)

IDAPA 15.06.07.647 Designation at a Lesser Level

01.Inability to Meet Criteria.

The TSE Council may opt to redesignate a center at a lesser level due to the center’s inability to meet current designation criteria, without regard to any waiver previously granted.

02.Notification and Appeal. When the TSE Council decides to redesignate a center, it must provide the center with a written notification of the action and the basis for the action. The notice will inform the center of the right to appeal and the appeal procedure under Title 67, Chapter 52, Idaho Code.(7-1-25)

IDAPA 15.06.07.648 (Reserved)

SUBPART G – IDAHO EMERGENCY MEDICAL SERVICES (EMS) PHYSICIAN COMMISSION

(Sections 700 - 999)

IDAPA 15.06.07.700 General Provisions

01.Practice of Medicine.

This chapter does not authorize the practice of medicine or any of its branches by a person not licensed to do so by the Board of Medicine.(7-1-25)

02.Patient Consent. The provision or refusal of consent for individuals receiving emergency medical services is governed by Title 39, Chapter 45, Idaho Code.(7-1-25)

03.System Consistency. All EMS medical directors, hospital supervising physicians, and medical clinic supervising physicians must collaborate to ensure EMS agencies and licensed EMS personnel have protocols, policies, standards of care, and procedures that are consistent and compatible with one another.(7-1-25)

IDAPA 15.06.07.701 (Reserved)

IDAPA 15.06.07.710 General Duties of Ems Personnel

01.General Duties. General duties of EMS personnel include the following:(7-1-25)

a.Licensed EMS personnel must possess a valid license issued by the EMS Bureau equivalent to or higher than the scope of practice authorized by the EMS medical director, hospital supervising physician, or medical clinic supervising physician.(7-1-25)

b.Licensed EMS personnel must only provide patient care for which they have been trained, based on curricula or specialized training approved according to these rules or additional training approved by the hospital or medical clinic supervising physician.(7-1-25)

c.Licensed EMS personnel must not perform a task or tasks within their scope of practice that have been specifically prohibited by their EMS medical director, hospital supervising physician, or medical clinic supervising physician.(7-1-25)

d.Licensed EMS personnel that possess a valid credential issued by the EMS medical director, hospital supervising physician, or medical clinic supervising physician are authorized to provide services when representing an Idaho EMS agency, hospital, or medical clinic and under any one (1) of the following conditions:

i.When part of a documented, planned deployment of personnel resources approved by the EMS medical director, hospital supervising physician, or medical clinic supervising physician; or(7-1-25)

ii.When, in a manner approved by the EMS medical director, hospital supervising physician, or medical clinic supervising physician, administering first aid or emergency medical attention in accordance with Section 5-330 or 5-331, Idaho Code, without expectation of remuneration; or(7-1-25)

iii.When participating in a training program approved by the EMS Bureau, the EMS medical director, hospital supervising physician, or medical clinic supervising physician.(7-1-25)

02.Scope of Practice.(7-1-25)

a.The Commission maintains an “EMS Physician Commission Standards Manual” that:(7-1-25)

i.Establishes the scope of practice of licensed EMS personnel; and(7-1-25)

ii.Specifies the type and degree of medical supervision for specific skills, treatments, and procedures by level of EMS licensure.(7-1-25)

b.The Commission will consider the United States Department of Transportation's National EMS Scope of Practice Model when preparing or revising the EMSPC Standards Manual;(7-1-25)

c.The scope of practice established by the Commission determines the objectives of applicable curricula and specialized education of licensed EMS personnel;(7-1-25)

d.The scope of practice does not define a standard of care, nor does it define what should be done in a given situation;(7-1-25)

e.Licensed EMS personnel must not provide out-of-hospital patient care that exceeds the scope of practice established by the Commission;(7-1-25)

f.Licensed EMS personnel must be credentialed by the EMS medical director, hospital supervising physician, or medical clinic supervising physician to be authorized for their scope of practice;(7-1-25)

g.The credentialing of licensed EMS personnel affiliated with an EMS agency, must not exceed the licensure level of that EMS agency; and(7-1-25)

h.The patient care provided by licensed EMS personnel must conform to the Medical Supervision Plan as authorized by the EMS medical director, hospital supervising physician, or medical clinic supervising physician.(7-1-25)

IDAPA 15.06.07.711 (Reserved)

IDAPA 15.06.07.720 Ems Medical Director, Hospital Supervising Physician, and Medical Clinic

SUPERVISING PHYSICIAN QUALIFICATIONS.

The EMS Medical Director, Hospital Supervisin g Physician, and Medical Clinic Supervising Physician must:

01.Accept Responsibility. Accept responsibility for the medical direction and medical supervision of the activities provided by licensed EMS personnel.(7-1-25)

02.Maintain Knowledge of EMS Systems. Obtain and maintain knowledge of the contemporary design and operation of EMS systems.(7-1-25)

03.Maintain Knowledge of Idaho EMS. Obtain and maintain knowledge of Idaho EMS laws, regulations, and standards manuals.(7-1-25)

IDAPA 15.06.07.721 Ems Medical Director, Hospital Supervising Physician, and Medical Clinic

SUPE

RVISING PHYSICIAN RESPONSIBILITIES AND AUTHORITY.

01.Documentation of Written Agreement.

The EMS medical director must document a written agreement with the EMS agency to supervise licensed EMS personnel and provide such documentation to the EMS Bureau annually and upon request.(7-1-25)

02.Approval for EMS Personnel to Function.(7-1-25)

a.The explicit approval of the EMS medical director, hospital supervising physician, or medical clinic supervising physician is required for licensed EMS personnel under their supervision to provide medical care.

b.The EMS medical director, hospital supervising physician, or medical clinic supervising physician may credential licensed EMS personnel under their supervision with a limited scope of practice relative to that allowed by the EMS Physician Commission, or with a limited scope of practice corresponding to a lower level of EMS licensure.(7-1-25)

03.Restriction or Withdrawal of Approval for EMS Personnel to Function.(7-1-25)

a.The EMS medical director, hospital supervising physician, or medical clinic supervising physician can restrict the scope of practice of licensed EMS personnel under their supervision when such personnel fail to meet or maintain proficiencies established by the EMS medical director, hospital supervising physician, or medical clinic supervising physician, or the Idaho EMS Bureau.(7-1-25)

b.The EMS medical director, hospital supervising physician, or medical clinic supervising physician can withdraw approval of licensed EMS personnel to provide services, under their supervision, when such personnel fail to meet or maintain proficiencies established by the EMS medical director, hospital supervising physician, or medical clinic supervising physician, or the EMS Bureau.(7-1-25)

c.The EMS medical director, hospital supervising physician, or medical clinic supervising physician must report in writing such restriction or withdrawal of approval within fifteen (15) days of the action to the EMS Bureau in accordance with Section 39-1393, Idaho Code.(7-1-25)

04.Review Qualifications of EMS Personnel. The EMS medical director, hospital supervising physician, or medical clinic supervising physician must document the review of the qualification, proficiencies, and all other EMS agency, hospital, and medical clinic affiliations of EMS personnel prior to credentialing the individual.

05.Document EMS Personnel Proficiencies. The EMS medical director, hospital supervising physician, or medical clinic supervising physician must document that the capabilities of licensed EMS personnel are maintained on an ongoing basis through education, skill proficiencies, and competency assessment.(7-1-25)

06.Develop and Implement a Performance Assessment and Improvement Program. The EMS medical director must develop and implement a program for continuous assessment and improvement of services provided by licensed EMS personnel under their supervision.(7-1-25)

07.Review and Update Procedures. The EMS medical director must review and update protocols, policies, and procedures at least every two (2) years.(7-1-25)

08.Develop and Implement Plan for Medical Supervision. The EMS medical director, hospital supervising physician, or medical clinic supervising physician must develop, implement and oversee a plan for supervision of licensed EMS personnel as described in Subsection 722.06 of these rules.(7-1-25)

09.Access to Records. The EMS medical director must have access to all relevant agency, hospital, or medical clinic records as permitted or required by statute to ensure responsible medical supervision of licensed EMS personnel.(7-1-25)

IDAPA 15.06.07.722 Physician Supervision in the Out-of-Hospital Setting

01.Medical Supervision Required. In accordance with Section 56-1011, Idaho Code, licensed EMS personnel must provide emergency medical services under the supervision of a designated EMS medical director.

02.Designation of EMS Medical Director. The EMS agency must designate a physician for the medical supervision of licensed EMS personnel affiliated with the EMS agency.(7-1-25)

03.Delegated Medical Supervision of EMS Personnel. The EMS medical director can designate other physicians to supervise the licensed EMS personnel in the temporary absence of the EMS medical director.

04.Direct Medical Supervision by Physician Assistants and Nurse Practitioners. The EMS medical director can designate Physician Assistants (PA) and Nurse Practitioners for purposes of direct medical supervision of licensed EMS personnel under the following conditions:(7-1-25)

a.A designated physician is not present in the anticipated receiving health care facility; and (7-1-25)

b.The Nurse Practitioner, when designated, must have a preexisting written agreement with the EMS medical director describing the role and responsibilities of the Nurse Practitioner; or(7-1-25)

c.The physician supervising the PA, as defined in IDAPA 24.33.02, “Rules for the Licensure of Physician Assistants,” authorizes the PA to provide direct (on-line) supervision; and(7-1-25)

d.The PA, when designated, must have a preexisting written agreement with the EMS medical director describing the role and responsibilities of the PA related to supervision of EMS personnel.(7-1-25)

e.Such designated clinician must possess and be familiar with the medical supervision plan, protocols, standing orders, and standard operating procedures authorized by the EMS medical director.(7-1-25)

05.Indirect Medical Supervision by Non-Physicians. Non-physicians can assist the EMS medical director with indirect medical supervision of licensed EMS personnel.(7-1-25)

06.Medical Supervision Plan. The medical supervision of licensed EMS personnel must be provided in accordance with a documented medical supervision plan that includes direct, indirect, on-scene, educational, and proficiency standards components. The requirements for the medical supervision plan are found in the EMSPC Standards Manual.(7-1-25)

07.Out-of-Hospital Medical Supervision Plan Filed with EMS Bureau. The agency EMS medical director must submit the medical supervision plan within thirty (30) days of request to the EMS Bureau in a form described in the standards manual.(7-1-25)

a.The agency EMS medical director must identify the designated clinicians to the EMS Bureau annually in a form described in the standards manual.(7-1-25)

b.The agency EMS medical director must inform the EMS Bureau of any changes in designated clinicians or of a change in the agency medical director within thirty (30) days of the change(s).(7-1-25)

c.The EMS Bureau must provide the Commission with the medical supervision plans within thirty (30) days of request.(7-1-25)

d.The EMS Bureau must provide the Commission with the identification of EMS medical directors and designated clinicians annually and upon request.(7-1-25)

IDAPA 15.06.07.723 Physician Supervision in Hospitals and Medical Clinics

01.Medical Supervision Required. In accordance with Section 56-1011, Idaho Code, licensed EMS personnel must provide emergency medical services under the supervision of a designated hospital supervising physician or medical clinic supervising physician.(7-1-25)

02.Level of Licensure Identification. The licensed EMS personnel employed or utilized for delivery of services within a hospital or medical clinic, when on duty, must at all times visibly display identification specifying their level of EMS licensure.(7-1-25)

03.Credentialing of Licensed EMS Personnel in a Hospital or Medical Clinic. The hospital or medical clinic must maintain a current written description of acts and duties authorized by the hospital supervising physician or medical clinic supervising physician for credentialed EMS personnel and must submit the descriptions upon request of the Commission or the EMS Bureau.(7-1-25)

04.Notification of Employment or Utilization. The licensed EMS personnel employed or utilized for delivery of services within a hospital or medical clinic must report such employment or utilization to the EMS Bureau within thirty (30) days of engaging such activity.(7-1-25)

05.Designation of Supervising Physician. The hospital or medical clinic administration must designate a physician for the medical supervision of licensed EMS personnel employed or utilized in the hospital or medical clinic.(7-1-25)

06.Delegated Medical Supervision of EMS Personnel. The hospital supervising physician or medical clinic supervising physician can designate other physicians to supervise the licensed EMS personnel during the periodic absence of the hospital supervising physician or medical clinic supervising physician.(7-1-25)

07.Direct Medical Supervision by Physician Assistants and Nurse Practitioners. The hospital supervising physician, or medical clinic supervising physician can designate Physician Assistants (PA) and Nurse Practitioners for purposes of direct medical supervision of licensed EMS personnel under the following conditions:

a.The Nurse Practitioner, when designated, must have a preexisting written agreement with the hospital supervising physician or medical clinic supervising physician describing the role and responsibilities of the Nurse Practitioner; or(7-1-25)

b.The physician supervising the PA, as defined in IDAPA 24.33.02, “Rules for the Licensure of Physician Assistants,” authorizes the PA to provide supervision; and(7-1-25)

c.The PA, when designated, must have a preexisting written agreement with the hospital supervising physician or medical clinic supervising physician describing the role and responsibilities of the PA related to supervision of EMS personnel.(7-1-25)

d.Such designated clinician must possess and be familiar with the medical supervision plan, protocols, standing orders, and standard operating procedures authorized by the hospital supervising physician or medical clinic supervising physician.(7-1-25)

08.On-Site Contemporaneous Supervision. Licensed EMS personnel will only provide patient care with on-site contemporaneous supervision by the hospital supervising physician, medical clinic supervising physician, or designated clinicians.(7-1-25)

09.Medical Supervision Plan. The medical supervision of licensed EMS personnel must be provided in accordance with a documented medical supervision plan. The hospital supervising physician or medical clinic supervising physician is responsible for developing, implementing, and overseeing the medical supervision plan, and must submit the plan(s) within thirty (30) days of request by the Commission or the EMS Bureau.(7-1-25)

IDAPA 15.06.07.724 (Reserved)

15.02.30 Business Enterprise Program

IDAPA 15.02.30.000 Legal Authority

The Idaho Legislature, as approved by the U.S. Secretary of Education, recognizes the Idaho Commission for the Blind and Visually Impaired (ICBVI) as the sole State Licensing Agency (SLA) under the provisions of the Randolph-Sheppard Vending Stand Act pursuant to Section 67-5411, Idaho Code, and has given to the Board of the ICBVI the legislative power to establish a Business Enterprise Program (BEP) pursuant to Section 67-5407(c), Idaho Code, and promulgate rules by the provisions of Section 67-5407(e), Idaho Code.(7-1-26)

IDAPA 15.02.30.001 Scope

These rules specify the conditions and standards under which the BEP facilities are operated.(7-1-26)

IDAPA 15.02.30.002 Incorporation by Reference

The following federal laws and regulations are incorporated by referenc e into the rules of this chapter and copies are available at the ICBVI office.(7-1-26) 01.20 U.S.C Ch. 6A Randolph-Sheppard Act.(7-1-26)

02.34 CFR 395.(7-1-26)

03.Section 67-5402, 67-5411, 67-5909, 67-6901, 67-6902, 67-6903, 67-6904, and 67-6905, Idaho Code.(7-1-26)

IDAPA 15.02.30.003 (Reserved)

IDAPA 15.02.30.010 Definitions

The terms below are defined as follows:(7-1-26) 01.

Active Participation. An ongoing collaboration between the SLA and the Idaho Blind Merchants Committee (IBMC) on the development of Program rules, policies, standards, and procedures affecting the overall administration of the BEP, prior to being implemented by the SLA.(7-1-26)

02.Administrator. The Administrator of the ICBVI.(7-1-26)

03.Benefits. Retirement or pension plans, health insurance contributions, and paid sick and vacation.

04.Blind Licensee. A blind person licensed by the SLA to operate a vending facility on federal or other property.(7-1-26)

05.Contract. An agreement with a government entity or other business for the operation of a cafeteria.

06.Facility. In addition to Section 67-6902(2), Idaho Code, a vending enterprise is defined as:

a.A Vending Facility as defined in 34 CFR 395.1 (x)(7-1-26)

b.Any business that sells articles or services consistent with the policies, goals, and objectives of the Program.(7-1-26)

07.IBMC. A committee comprised of at least a Chair, Vice Chair, and Secretary, elected by the Idaho Vendors to represent their interests and actively participate with the SLA.(7-1-26)

08.Operating Agreement (OA). An agreement between the SLA and a Vendor or other qualified individual for the operation of a vending Facility or individual location.(7-1-26)

09.Permit. The official approval given to an SLA by a department, agency, or instrumentality in control of the maintenance, operation, and protection of federal property or person in control of other property, whereby the SLA is authorized to establish a vending facility.(7-1-26)

10.Probation. A conditional status wherein the operation of a facility by a Vendor or Provisional Licensee is being monitored for a specified period.(7-1-26)

11.Property Manager. The individual or entity in charge of issuing Contracts or Permits in buildings on behalf of federal, state, or local government or private entities.(7-1-26)

12.Provisional Licensee. A trainee who is operating a facility during a six-month probationary period prior to becoming licensed as a BEP Vendor.(7-1-26)

13.Supervisor. The individual designated to administer the BEP.(7-1-26)

14.Suspension. Temporary withdrawal by the Supervisor of privileges granted by a license, or any OA during which time a Vendor may not continue to operate a facility.(7-1-26)

15.Vendor. A Blind Licensee who is operating a vending facility on federal or other property.

IDAPA 15.02.30.011 Purpose. See U.s. Department of Education – Randolph Sheppard Vending

FACILITY PROGRAM.

IDAPA 15.02.30.012 (Reserved)

IDAPA 15.02.30.030 Licenses

01.Issuance of Licenses. Licen ses do not expire and are issued only to persons who are determined by the SLA to be blind, a United States citizen, and certified by a vocational rehabilitation agency as qualified to operate a vending facility.(7-1-26)

02.Inactive License. A license will become inactive if a Blind Licensee fails to bid for a facility for more than one (1) year.(7-1-26)

03.Reactivation. A license can be reactivated upon written request to the Supervisor. The Blind Licensee may be required to repeat some of the certification requirements outlined in internal controls.(7-1-26)

IDAPA 15.02.30.031 Operating Agreements

To operate a facility, an individual must enter into an OA wi th the SLA that specifies the rights and responsibilities of each party as they relate to the operation of a facility.(7-1-26)

01.SLA Responsibilities. In addition to the responsibilities stipulated by the OA and Idaho Code, the SLA will:(7-1-26)

a.Periodically audit, or cause to be audited, the Vendor’s records and financial data to verify the accuracy of the set aside report; and(7-1-26)

b.Provide information or make available data in suitable format at the Vendor’s request provided that such disclosure does not violate applicable federal or State laws pertaining to the disclosure of confidential information.(7-1-26)

c.Make each facility’s signed OA available to all Vendors.(7-1-26)

02.General Rights and Responsibilities.(7-1-26)

a.The Vendor is encouraged to hire blind persons or persons with other disabilities when feasible.

b.The Vendor shall report any unresolved complaints of the Property Manager to the Supervisor within one (1) business day.(7-1-26)

c.The Vendor may, with written approval of the Supervisor, negotiate with Property Managers for additional facilities. (7-1-26)

d.In the event of any dispute, the OA is governed by the jurisdiction of the state courts of Ada County in the state of Idaho unless said dispute is due to a violation of the Randolph-Sheppard Act in which case jurisdiction falls under the Randolph-Sheppard Act arbitration provisions with appeal to federal district court.(7-1-26)

IDAPA 15.02.30.032 (Reserved)

IDAPA 15.02.30.040 Termination and Suspension of Licenses and / or Operating Agreements

01.Grounds for License Termination. Except i n emergency situations, probation occurs prior to termination. Licenses are subject to termination after fifteen (15) business days’ notice if the SLA finds:(7-1-26)

a.That the Vendor engages in conduct or allows a condition to exist for which the Vendor has previously been placed on Probation, or which has previously led to the suspension of the License or OA;(7-1-26)

b.That the facility is not being operated in accordance with SLA rules, the terms and conditions governing the Permit, Contract, or OA;(7-1-26)

c.That the Vendor no longer meets the definition of blind person.(7-1-26)

02.Grounds for OA Termination. An OA may be terminated if:(7-1-26)

a.The health and safety of the Vendor, the employees, or the customers are jeopardized;(7-1-26)

b.The Vendor jeopardizes the state’s investment in the facility by violating the terms of the Permit, Contract, or OA; applicable federal, state, or local laws, rules, and regulations; or by placing the facility in danger of being closed;(7-1-26)

c.The business and premises of the facility are not covered by adequate insurance;(7-1-26)

d.That the Vendor has received a medically documented diagnosis that will result in their being incapacitated or unable to oversee the operation of a facility for more than one (1) year.(7-1-26)

03.Grounds for License Suspension. The Supervisor has the authority to suspend the license of a Vendor whose conduct may jeopardize a Contract, Permit or the Program.(7-1-26)

04.Grounds for OA Suspension. Any OA may be suspended if:(7-1-26)

a.The Vendor has committed any of the acts enumerated in Subsection 040.02 of these rules; or

b.The Property Manager requests the removal of the Vendor and documents the request in writing, The Vendor will have three (3) business days to respond; and the SLA will determine if immediate removal of the Vendor is in the best interest of the Program: or(7-1-26)

c.The Supervisor and the Vendor cannot agree on a plan to resolve violations and improve performance.(7-1-26)

05.Notice of Termination or Suspension. A written notice, in accessible format, will be provided to the Vendor that includes the specific grounds for termination or suspension and outlines a Vendor’s right to pursue an evidentiary hearing within fifteen (15) business days following the issuance of this notice.(7-1-26)

06.Request for Review. If the Vendor seeks an evidentiary hearing, and any subsequent appeals including arbitration, and prevails during the proceedings, all rights and benefits are restored to the Vendor including compensation for the period the license or OA was terminated or suspended. Compensation is calculated at a weekly rate determined by averaging the net income of the facility for a designated period prior to the notice of termination or suspension. The designated timeframes are:(7-1-26)

a.The prior federal fiscal year in the case of license terminations; or(7-1-26)

b.The eight (8) weeks prior to the notice of termination in the case of any terminated OA; or (7-1-26)

c.The eight (8) weeks prior to the notice of suspension in the case of any suspended OA or license.

07.Termination. The termination becomes effective following the fifteen (15) business day notice period unless the Vendor seeks an evidentiary hearing, in which case the license may be suspended, and any OA may be terminated pending completion of the evidentiary hearing and subsequent appeals, including arbitration. (7-1-26)

08.Suspension.

Suspension may continue up to one hundred eighty (180) calendar days. If the Vendor seeks an evidentiary hearing and arbitration, the suspension will continue until the evidentiary hearing, arbitration, and subsequent proceedings have concluded.(7-1-26)

09.OA Cancellation. An OA may be cancelled by the SLA at any time should the facility cease to be a vending facility by revocation of the Permit by the Property Manager. Cancellation under this subsection will not affect licensure.(7-1-26)

10.License Probation. The Supervisor has the authority to place a Vendor who is not in compliance with the terms of an OA on Probation. The Vendor is provided written notification in their preferred format of the Probation including the specific deficiencies and the timeframe to complete corrective action. A notice of termination will be issued if corrective action is not completed within the time frame.(7-1-26)

11.Improvement Plans. If a Vendor’s set aside report indicates that no profit has been realized during three (3) consecutive months or five (5) months in a fiscal year, or if a Vendor requests intervention due to other deficiencies, a review will be initiated. The Supervisor and Vendor will determine a six (6) month plan for improvement with measurable objectives. Should the facility not show reasonable improvements during that time, the Supervisor may issue a notice of termination of the OA or close the facility.(7-1-26)

IDAPA 15.02.30.041 (Reserved)

IDAPA 15.02.30.050 Selection of Vendors

01.Notification of Opening.

Written notification of any facility opening will be provided to all Vendors, Blind Licensees, Provisional Licensees and Trainees, Board of Commissioners, and VR Counselors of the ICBVI. The notice includes the facility location, application procedure, submission, and deadline.(7-1-26)

02.Qualification of Bidders. A bidder for a facility shall be licensed by the SLA or in training as a Provisional Licensee, in financial good standing with Program monies, and whose license has not been suspended or placed on probation in the last calendar year.(7-1-26)

03.No Qualified Bidders. If no applications are received from qualified bidders, the Supervisor may award a one- (1) year OA to any food service business with a registered EIN.(7-1-26)

04.Application. An application will be in the form of a written letter to the Supervisor and include a statement of qualifications and pertinent experience.(7-1-26)

05.Selection Panel. A panel is appointed to review all applications and conduct interviews.(7-1-26)

a.The panel includes the Supervisor serving as chair, a representative Vendor selected by the IBMC Chair, and one (1) person from field services who will be selected through active participation. No member of the selection panel will have a conflict of interest with the applicants.(7-1-26)

b.The panel reviews all written applications and conducts interviews with the candidates using the same format and interview questions. All members of the panel must be present during the interviews.(7-1-26)

c.A weighted evaluation form is used by each panel member. Selection criteria will be consistent with the job requirements of that facility.(7-1-26)

d.The Supervisor makes a final selection from the two (2) candidates with the highest total points. If the candidate with the highest score is not selected, the Supervisor will provide a written explanation with the documentation that supports the decision. In the event of a tie, the facility will be awarded to the bidder with the highest seniority.(7-1-26)

e.If no bidder is awarded operation of the facility, the Supervisor may grant a one- (1) year OA to a Vendor, Blind Licensee, Provisional Licensee, or other food-service provider with a registered EIN.(7-1-26)

06.Notification of Decision. Written notification of final decision is provided to all applicants.

07.Transfer and Promotion. Licenses, OAs, and Contracts are not transferable and must go through the original selection process.(7-1-26)

IDAPA 15.02.30.051 (Reserved)

IDAPA 15.02.30.060 Access to Program and Financial Information

See 34 CFR 395.12.(

IDAPA 15.02.30.061 (Reserved)

IDAPA 15.02.30.070 Equipment, Initial Stock, and Business Expenses

01.SLA Responsibilities.

The SLA assumes full responsibility for providing each facility established under the Program with adequate equipment and initial stock of merchandise.(7-1-26)

02.Initial Stock of Merchandise. An initial stock of merchandise for a minimum of two (2) full weeks of operation is provided to the Vendor.(7-1-26)

03.Insurance. All vendors must obtain general liability, product liability, and worker’s compensation insurance and provide proof of insurance prior to the start of operation and within ten (10) days of the policy renewal date.(7-1-26)

IDAPA 15.02.30.071 Maintenance and Replacement of Equipment

See 34 CFR 395.10. The Vendor mus t report any incident resulting in damage, breakage, theft, defacement, or malfunction of equipment or fixtures within three (3) days, and arrange repair or replacement with the SLA. The SLA will not be responsible for or cover the cost of repairs that are due to negligent actions of the Vendor or for equipment or fixtures not covered under an OA.(7-1-26)

IDAPA 15.02.30.072 Vendor Ownership of Vending Facilities

The SLA does not vest title to state-purchased equipment and stock in a Vendor.(7-1-26)

IDAPA 15.02.30.073 (Reserved)

IDAPA 15.02.30.100 Setting Aside of Funds

See 34 CFR 395.9.(

IDAPA 15.02.30.101 Distribution and Use of Income from Vending Machines on Federal

PROPER

TY.

See 34 CFR 395.8.(

IDAPA 15.02.30.102 (Reserved)

IDAPA 15.02.30.120 Vendor Benefits

See 34 CFR 395.8(c).(

01.Eligibility. Only vendors operating a facility pursuant to an OA are eligible to receive benefits.

02.Non-Fully Funded Benefits. If funds are not available for full payment of benefits as voted by the Vendors, the SLA may pro-rate the payments from available funds, unless another method of disbursement of nonfully funded Benefits was voted by a majority of the Vendors operating a facility.(7-1-26)

IDAPA 15.02.30.121 (Reserved)

IDAPA 15.02.30.150 Training Curriculum

01.Licensing.

A candidate becomes licensed after completing the training curriculum established by the SLA which is comprised of general non-visual skills training, core BEP subjects, on-the-job training, and a sixmonth probationary period during which a trainee is to operate a facility.(7-1-26)

02.In-Service Training. The SLA provides each Vendor with regular and systematic assistance and in-service training to promote maximum returns to the Vendor; maximum service to the clientele; maintenance of a clean and attractive place of business; utilization of sound business practices; and adherence to the SLA’s rules, policies, and building management requirements.(7-1-26)

IDAPA 15.02.30.151 (Reserved)

IDAPA 15.02.30.160 Idaho Blind Merchant's Committee (ibmc)

See 34 CFR 395.14. IBMC representatives shall be elected by the Vendors at a regular meeting and serve in their respective roles for two (2) years.(7-1-26)

01.Bylaws. The Vendors shall, by a majority vote, adopt bylaws, consistent with the Randolph- Sheppard Act, which govern the internal operation of the IBMC.(7-1-26)

IDAPA 15.02.30.161 (Reserved)

IDAPA 15.02.30.170 Meetings of the Committee

01.Annual Meetings.

The IBMC shall hold at least one (1) regular meeting each calendar year.

02.Program Responsibilities. The SLA will work with the IBMC Chair or designated representative to coordinate and participate in the regular meetings of the IBMC.(7-1-26)

03.Expenses. The SLA pays allowable expenses, including meeting rooms, lodging, per diem, and transportation, of not more than two (2) regular meetings per calendar year. The transportation arrangements are determined by the Supervisor. Expenses for additional meetings of the IBMC may be paid by the Program at the discretion of the SLA.(7-1-26)

04.Minutes. See Section 74-205, Idaho Code. The Program will pay all reasonable costs for this service.(7-1-26)

IDAPA 15.02.30.171 (Reserved)

IDAPA 15.02.30.189 Informal Dispute Resolution. See Idapa 15.02.01.150.01

A candidate going through the BEP training curriculum or a Provisional Licensee who disagrees with the actions of the SLA may request an Informal Dispute Resolution with the Rehabilitation Services Chief.(7-1-26)

IDAPA 15.02.30.190 Evidentiary Hearing

01.Request.

The ICBVI will provide a Vendor or Blind Licensee an opportunity for an evidentiary hearing. The Vendor, Blind Licensee, or designated representative may request an evidentiary hearing by filing a complaint. The written request will be delivered to the Administrator within fifteen (15) business days of the aggrieved party’s filed complaint.(7-1-26)

02.Time and Place of Hearing. The evidentiary hearing will be held in the ICBVI headquarters at a mutually convenient time.(7-1-26)

03.Time Limit. The hearing procedure will be limited to ninety (90) calendar days, beginning on the date the request for hearing is filed by the Vendor. The time limit may be extended due to illness of the Vendor or delay in obtaining evidence because of circumstances beyond the control of the Vendor or the SLA.(7-1-26)

04.Hearing Officer. The Administrator will request the Idaho Office of Administrative Hearings to appoint an attorney as the Hearing Officer to conduct the evidentiary hearing and issue a report.(7-1-26)

05.Hearing Notice. A notice of the hearing date will be provided to the Vendor or Blind Licensee at least twenty-one (21) calendar days prior to the date set for the hearing.(7-1-26)

06.Legal Counsel. The Vendor or Blind Licensee may arrange to have legal counsel or other representation. Such counsel shall be at the expense of the Vendor.(7-1-26)

07.Evidence. The Hearing Officer shall make a reasonable effort to obtain the most credible evidence of fact in the case, and the rules of evidence do not apply.(7-1-26)

08.Conduct of Hearing. Each party will be given an opportunity to present its case, examine and cross-examine witnesses, present arguments, and rebut evidence.(7-1-26)

09.Transcripts. A transcript of the proceedings will be made available to the parties upon request.

The SLA will pay all transcript costs associated with the conduct of the hearing.(7-1-26)

10.Report of Facts, Findings, Conclusion, and Recommended Decision.(3-31-22)

a.The Hearing Officer shall submit a report to the Administrator within twenty-one (21) calendar days after the hearing. This report will include: the issues and relevant facts adduced at the hearing; applicable provisions of law, rules, and ICBVI policy; findings of fact and conclusions of law with respect to issues; and the reasons and basis thereof.(7-1-26)

b.The report will also set forth any action necessary to resolve the issue and a recommended decision.

11.Service of Report. The report will be served to the Administrator and all parties to the hearing.

12.Written Comments, Arguments, and Exceptions. Parties to the hearing may, within fifteen (15) business days of the date the report was received in the Administrator’s office, file written comments, arguments, and exceptions regarding factual or legal errors to the report with the Administrator. Comments, arguments, and exceptions received in a timely fashion become a part of the record and will be considered by the Administrator in mak ing a final decision.(7-1-26)

13.Exclusive Record for Decision. The transcript of testimony, exhibits, and any written comments, arguments, and exception to the report filed with the Administrator will constitute an exclusive record for decision.

14.Decision. The final decision of the Administrator will be mailed to the Vendor within thirty (30) calender days of receipt of the Hearing Officer’s report.(7-1-26)

IDAPA 15.02.30.191 (Reserved)

IDAPA 15.02.30.200 Arbitration

If a Vendor is dissatisfied with a decision rendered after an evidentiary hearing, the Vendor may request that an arbitration panel be convened by filing a complaint with the Secretary of the U.S. Department of Education in accordance with 34 CFR 395.13.(7-1-26)

IDAPA 15.02.30.201 (Reserved)

IDAPA 15.02.30.210 Explanation to Vendors of Rights and Responsibilities

The SLA will furnish to each Vendor copies of documents relevant to the operation of the facility, in an accessible format including rules and procedures, a written description of the arrangements for providing services, the OA and Permit covering the operation of the facility, and will provide explanation of these documents upon request by the Vendor.(7-1-26)

IDAPA 15.02.30.211 (Reserved)

15.01.01 Rules Governing Senior Services and Older Americans Act Programs

IDAPA 15.01.01.000 Legal Authority

Section 67 -5003, Idaho Code.(7-1-26)

IDAPA 15.01.01.001 Scope

These rules constitute minimum requirements for aging services funded under authority of T itle 67 Chapter 50, Idaho Code, and the Older Americans Act of 1965 as amended (OAA), and 45 CFR Part 1321 related to Idaho’s aging programs and services.(7-1-26)

IDAPA 15.01.01.002 (Reserved)

IDAPA 15.01.01.010 Definitions

01.Assessment.

An instrument utilizing uniform criteria to assess eligibility.(3-31-22)

02.Client. Person who has met service eligibility requirements.(7-1-26)

03.Cognitive Limitations. The inability to perform one (1) or more of the following eight (8) instrumental activities of daily living without personal assistance, or stand-by assistance, supervision or cues: preparing meals, shopping for personal items, medication management, managing money, using telephone, doing heavy housework, doing light housework, and transportation ability (transportation ability refers to the individual's ability to make use of available transportation without assistance).(7-1-26)

04.Cost Sharing Payment. An established payment required from clients receiving services under this chapter. The cost sharing payment varies by regulation and according to client's current annual household or individual income. (7-1-26)

5. Eligibility. Someone who may receive services in alignment with federal and state law, operational guidance, and budget constraints.(7-1-26)

06.Focal Point. A facility identified to facilitate the maximum collocation and coordination of services for older individuals.(7-1-26)

07.Formal Supports. Services provided to clients by a formally organized entity, including, but not limited to, Medicaid HCBS.(3-31-22)

08.Functional Limitation. The inability to perform one (1) or more of the following six (6) activities of daily living without personal assistance, stand-by assistance, supervision or cues: eating, dressing, bathing, toileting, transferring in and out of bed/chair, and walking.(7-1-26)

09.Household. For sliding fee purposes, a “household” includes a client and any other person permanently resident in the same dwelling who share accommodations and expenses with the client.(3-31-22)

10.Informal Supports. Supports provided by church, family, friends, and neighbors, usually at no cost to the client.(3-31-22)

11.Medicaid Services. Programs and services approved under Medicaid for the aged and disabled.

(7-1-26)

12.Older Americans Act as Amended (OAA). Federal law which authorizes funding to states to provide home and community-based services for older persons.(7-1-26)

13.Provider. An Area Agency on Aging (AAA) or a person or entity capable of providing services to clients under a formal contractual arrangement including duly authorized agents and employees.(7-1-26)

IDAPA 15.01.01.011 (Reserved)

IDAPA 15.01.01.013 Program Policy

01.Idaho Commission On Aging (ICOA) Program Manual. ICOA program manual includes but not limited to the published operations manual, planning manual, policies and procedures, standardized forms and assessments, review toolkits, and any other official ICOA guidance. The manual is developed, modified, and updated with input from the appropriate stakeholder groups and approved by the Administrator. At the Administrator's discretion, the manual may be modified to adhere to state or federal law, regulations, or best practices.(7-1-26)

02.Programs and Services. Programs and services offered by ICOA may include, but are not limited to:(7-1-26)

a.Adult Day Care.(7-1-26)

b.Case Management.(7-1-26)

c.Chore Services.(7-1-26)

d.Congregate Meals.(7-1-26)

e.Health Promotion and Disease Prevention.(7-1-26)

f.Home-Delivered Meals.(7-1-26)

g.Home Modification.(7-1-26)

h.Homemaker Service.(7-1-26)

i.Information and Assistance Services.(7-1-26)

j.Legal Assistance.(7-1-26)

k.National Family Caregiver Program that may include:(7-1-26)

i.Counseling.(7-1-26)

ii.Respite Care.(7-1-26)

iii.Supplemental Services.(7-1-26)

iv.Information Services.(7-1-26)

v.Access Assistance.(7-1-26)

l.Outreach Services.(7-1-26)

m.Transportation Services.(7-1-26)

n.Respite.(7-1-26)

IDAPA 15.01.01.014 (Reserved)

IDAPA 15.01.01.015 Service Priority

Services are prioritized as described in ICOA program guidance and the accepted area agency on aging (AAA) local plans. Exceptions may be made for clients in immediate jeopardy or a waiver approved by the Administrator. During declared emergencies alternative criteria may be used.(7-1-26)

IDAPA 15.01.01.016 Service Limitations and Exceptions

01.Cost Sharing Payments.

Payments may be required based on the sliding fee scale established by the Administrator in accordance with the program regulations.(7-1-26)

02.Service. Eligibility, denial, or termination are determined through the applicable ICOA Assessment. (3-31-22)

03.Medicaid Home and Community Based Services (HCBS). Clients or individuals determined by the Idaho Department of Health and Welfare to be eligible for Medicaid or Medicaid HCBS are not eligible for services unless the services are determined by the provider to be needed on an interim, emergency basis until Medicaid or Medicaid HCBS is initiated.(7-1-26)

IDAPA 15.01.01.017 (Reserved)

15.10.01 Rules of the Idaho State Liquor Division

IDAPA 15.10.01.000 Legal Authority

Section 23-206(b), Idaho Code.(7-1-24)

IDAPA 15.10.01.001 Title and Scope

These rules govern operational aspects of the Division and sup port the Idaho Liquor Act, Title 23, Idaho Code.

IDAPA 15.10.01.002 Definitions

The following terms apply:( 7-1-24)

01.Bailment. A system of storing Supplier-owned inventory in state-operated Warehouses. The Division holds the Liquor in trust until stock is needed at retail.(7-1-24)

02.Close Relative. A person related by blood or marriage within the second degree of kinship.

03.Delisting. The process of discontinuing any product offered for sale resulting in the product’s removal from the Division’s Product Line.(7-1-24)

04.Director. Chief executive officer of the Division.(7-1-24)

05.Division. Idaho State Liquor Division.(7-1-24)

06.Distributing Station. A privately owned business that sells Liquor. It operates under an Agreement with the Division pursuant to Title 23, Chapter 3, Idaho Code. Distributing Stations may also be termed Contract Stores.(7-1-24)

07.Distillery Distributing Station. A privately owned business that holds a permit issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB), an Idaho manufacturer’s license, and sells Liquor to retail customers. Distillery Distributing Stations are “manufacturers of distilled spirits” under Section 23-509A, Idaho Code. They may also be termed Contract Stores.(7-1-24)

08.Liquor. Liquor controlled by the Division has the definition ascribed to it by Section 23-105, Idaho Code, excluding certain beers as defined in Section 23-1002, Idaho Code, and certain Wines as defined in Section 23- 1303, Idaho Code.(7-1-24)

09.Licensee. Person authorized to sell beer or Wine by the drink or by the bottle, Liquor by the drink, or any combination thereof.(7-1-24)

10.Listing (Listed). Liquor that is carried or approved to be carried in the Division’s Product Line.

11.Political Office. A public office for which partisan politics is a basis for nomination, election, or appointment.(7-1-24)

12.Product Line. Items offered for sale by the Division.(7-1-24)

13.Promotional Samples. Liquor furnished by the liquor industry to local representatives for the purpose of promoting the product that are attached to another Liquor product in the liquor store as a value-added promotion.(7-1-24)

14.Retail Store. Any State Store or Distributing Station.(7-1-24)

15.Samples. Liquor furnished by the liquor industry to Supplier Representatives for the purpose of promoting the product.(7-1-24)

16.Shortage. Any amount of cash or Liquor less than the true balance as maintained by the Central Office. Liquor Shortages are based on current retail value.(7-1-24)

17.Special Distributor. A private business owner authorized to operate a Distributing Station. A Special Distributor is not a state employee.(7-1-24)

18.Special Distributor Agreement (Agreement). The contract signed by a Special Distributor acknowledging the conditions and terms for operation of a Distributing Station in accordance with Idaho Code and the rules of the Division.(7-1-24)

19.State Store. A Retail Store that sells Liquor. It is operated by state employees under the direct supervision of the Division.(7-1-24)

20.Supplier. Any manufacturer, rectifier, importer, wholesaler or Supplier of Liquor, Wine, or related products offered for sale by the Division.(7-1-24)

21.Supplier Representative. An individual, company, or entity authorized to represent a Supplier in the state of Idaho. A Supplier Representative may be an individual, a group of individuals operating as a brokerage firm or may be a direct employee of the Supplier. (7-1-24)

22.Warehouse. The main Division distribution center and satellite distribution points.(7-1-24)

23.Wine. Alcoholic beverages defined in Section 23-1303, Idaho Code.(7-1-24)

24.Wine Gallon. The liquid measure equivalent to the volume of two hundred thirty-one (231) cubic inches or one hundred twenty-eight (128) ounces.(7-1-24)

IDAPA 15.10.01.003 (Reserved)

IDAPA 15.10.01.010 Retail Stores

01.Retail Site Location.

Per Sections 23-301 and 23-302, Idaho Code, the Division will select appropriate Retail Store sites to serve the community.(7-1-24)

02.Retail Site Selection Criteria. The following criteria will be used in selecting a location for a new Retail Store.(7-1-24)

a.Public acceptability per Sections 23-301 and 23-302, Idaho Code.(7-1-24)

b.Location suitability of premises.(7-1-24)

c.Lease amount will not be the sole determining factor. Final selection will be determined at the discretion of the Director.(7-1-24)

d.Compliance with local zoning.(7-1-24)

03.Customer Refunds and Exchanges. Customer refunds and exchanges will be allowed only with approval from the Director or his authorized agent.(7-1-24)

04.Audits. Designated personnel will perform periodic inspections of all Retail Stores. Such inspections may be on an unannounced basis and include physical inventory counts.(7-1-24)

05.Admission to State Store. Division personnel may refuse entry or take actions as are appropriate to cause the removal of a person from a State Store premises where such person is disrupting performance of the Division’s duties or is inconsistent with the Division’s charge to curtail the intemperate use of alcoholic beverages.

IDAPA 15.10.01.011 Distributing Stations

01.Term of Agreement.

A specified period as determined at the discretion of the Director.(7-1-24)

02.Transfer of Agreement. An Agreement is a personal privilege and is not considered property nor is it assignable or transferable.(7-1-24)

03.Agreement Evaluations. Periodic evaluations of Agreements will be conducted to ensure uniform and appropriate criteria pursuant to Section 23-302, Idaho Code. These criteria are applicable to the replacement of an existing Distributing Station and to the establishment of new Distributing Station.(7-1-24)

04.Acceptance of Applications. Applications for Distributing Stations are accepted only in response to public notices. Unsolicited applications may not be held on file pending future openings.(7-1-24)

05.Applicant Selection. The selection for a Distributing Station will be made by the Director in accordance with Section 23-304, Idaho Code. The Director reserves the right to refuse to select any and all applicants.

Applicant selection will be based on the following criteria:(7-1-24)

a.Public acceptability in accordance with Section 23-302, Idaho Code.(7-1-24)

b.Location and suitability of premises.(7-1-24)

c.An applicant who has been convicted of, or has pled guilty to, a felony or a crime of moral turpitude (an element of which is dishonesty or fraud) under the laws of any jurisdiction will not be allowed to operate a Distributing Station.(7-1-24)

d.An applicant may not be a Close Relative of, nor have a partnership or other close business relationship with, any person employed by the Division who has the responsibility for establishing, approving, or influencing policies of the Division.(7-1-24)

e.An applicant may be a spouse, child, employee, blood relative, relative through marriage, or business associate of the retiring or deceased Distributor.(7-1-24)

f.Distributing Stations will not be established in a business that has a license to sell Liquor, Wine or beer by the drink.(7-1-24)

g.If an existing Distributing Station is sold, the purchaser may, at the sole and absolute discretion of the Division, continue to operate the Distributing Station under comparable terms and conditions applied to the previous Special Distributor.(7-1-24)

06.General Operational Obligations. Special Distributors will:(7-1-24)

a.Furnish an adequate premises that is kept clean and sanitary at all times.(7-1-24)

b.Not hold a partisan state elected political office. He cannot be a Close Relative of, or be in a business partnership with a person in a partisan state elected Political Office.(7-1-24)

c.Not present his views as being representative of the views of the Division and not attempt to politically influence customers in any manner.(7-1-24)

d.Only sell Liquor received from the Division.(7-1-24)

e.Only sell Liquor at prices set by the Division in accordance with Section 23-207(g), Idaho Code.

f.Not deliver Liquor off premise without explicit authorization of the Director.(7-1-24)

07.Days and Hours of Operation.(7-1-24)

a.The Distributor will not exceed the maximum legal selling hours as set by the Director.(7-1-24)

08.Fiduciary Responsibility.

All unremitted monies collected in trust for the Division, and upon their receipt, are assigned to the Division in accordance with Section 23-401, Idaho Code.(7-1-24)

09.Liquor Shortage. The Distributor must pay the retail value of any Shortage immediately after receipt of the request for payment from the Division showing its calculation of the Shortage.(7-1-24)

a.If the Distributor disputes Liquor or cash Shortages, he may request a hearing before the Director.

b.Any payment made by the Distributor for Liquor shortages may be refunded in whole or in part if the Distributor's position is upheld by the Director.(7-1-24)

10.Compensation. The compensation paid by the Division to the Special Distributor represents full payment for all services provided by the Distributor. Such compensation will be uniformly applied statewide in accordance with Section 23-305, Idaho Code.(7-1-24)

11.Voluntary Agreement Termination.(7-1-24)

a.The Distributor will allow reasonable time for the Division to conduct a final inventory audit and to remove all Liquor.(7-1-24)

b.The sale of the Distributor’s business to any other party, the forfeiture of the business to a lien holder, or the foreclosure upon the business will be considered voluntary Agreement termination.(7-1-24)

12.Agreement Termination Procedure.(7-1-24)

a.The Division will notify the distributor by email, certified mail, or personal delivery, specifying the reasons.(7-1-24)

b.The Division may notify the Distributor that he is immediately suspended pending final determination of the proposed termination. At the time of notification, the Division reserves the right to conduct a final audit and remove all Division property pending a final determination.(7-1-24)

c.The Distributor may request a hearing on the proposed termination by notifying the Division in writing within seven (7) days of receiving the termination notice. (7-1-24)

d.Upon termination of this agreement, the Division will: (7-1-24)

i.Remove all property owned by them;(7-1-24)

ii.Cease compensation as of the termination date.(7-1-24)

IDAPA 15.10.01.012 Distillery Distributing Stations

01.Sample Tasting.May be conducted in accordance with Section 23-509A, Idaho Code.(7-1-24)

02.Retail Sales. Distillery Distributing Stations may sell Liquor manufactured on the premises that is purchased from the Division to customers on the premises of its distillery in accordance with and pursuant to a Special Distributor Agreement with the Division.(7-1-24)

IDAPA 15.10.01.013 (Reserved)

IDAPA 15.10.01.020 Store Conversions

The Division reserves the right at any time to convert a State Store to a Distributing Station or to convert a Distributing Station to a State Store. This right will not be arbitrarily applied.(7-1-24)

IDAPA 15.10.01.021 Suppliers

01.Obligations. Suppliers will conform to the requirements of the Tax and Trade Bureau of the U.S.

Department of Treasury.(7-1-24)

02.Liquor Shipments. Pursuant to Sections 23-203(a), 23-203(b) and 23-207(d), Idaho Code, all Liquor transported into the state of Idaho is under the direction of the Division.(7-1-24)

a.It is a violation of Sections 23-203(a), 23-203(b) and 23-207(d), Idaho Code, for any Supplier or other party to ship Liquor into the state of Idaho for purposes not authorized by the Director.(7-1-24)

b.The Division reserves the right to select the mode of transportation for all Liquor within the state of Idaho.(7-1-24)

03.Title to Liquor, Wines and Related Products. Title to Product Line items passes from the Supplier to the Division when the product is accepted, unless Product Line items are delivered directly to Bailment status.(7-1-24)

a.The Division reserves the right to conduct quality tests or inspect products.(7-1-24)

b.The Division reserves the right to reject any Product Line item that does not conform to requirements.(7-1-24)

c.In the event the Division rejects any delivery, ownership remains with the Supplier. It is the Supplier’s responsibility to remove or relocate any refused products.(7-1-24)

04.Product Returns. Product Line Items may be returned to Suppliers by the Division in accordance with the Tax and Trade Bureau of the U.S. Department of Treasury regulations.(7-1-24)

05.New Listings. New Listings will be added at the discretion of the Director pursuant to Sections 23- 203 and 23-207, Idaho Code.(7-1-24)

06.Delisting. Delistings are at the discretion of the Director pursuant to Sections 23-203 and 23-207, Idaho Code.(7-1-24)

07.Resident Supplier Representatives. All Suppliers doing business with the Division will have resident representation. A resident Supplier Representative cannot have been convicted of any felony.(7-1-24)

08.Supplier Representative Permits. Supplier Representatives will obtain a permit from the Division to conduct business at any State Store or Distributing Station.(7-1-24)

a.Permits will not be issued to any retail licensee or a distributor of beer or Wine.(7-1-24)

b.Supplier Representatives may represent more than one (1) Supplier without additional permit fees.

09.Samples. Samples are limited to ten (10) Wine Gallons per month and the sizes of Samples are that which are permitted by federal regulation or statute.(3-25-22)

10.Promotional Samples. Promotional Samples are limited to fifty (50) ml size bottles unless specified otherwise by the Director.(7-1-24)

11.Contact With Licensees. No Supplier Representative, or anyone acting in that capacity, will deliver any Liquor, Wine, or beer sold by the Division to a Licensee’s place of business, other than Samples of items that are not carried in that Licensee’s Product Line.(7-1-24)

12.Liquor Displays. The Division regulates all Retail Store Liquor displays.(7-1-24)

13.Violations. Any Supplier Representative, or anyone acting in that capacity, who violates Title 23, Idaho Code, or any rule of the Division, may subject the manufacturer’s, wholesaler’s or Distributor’s products to removal from the Division’s Product Line or; the Director, at his discretion, may suspend (temporarily or permanently) their Supplier Representative permit.(7-1-24)

IDAPA 15.10.01.022 Schedule of Fees

The following fees may be charged by the Division.(7-1-24)

01.Cost Reimbursement. The Division may seek cost reimbursement, as determined by the Division, from Supplier Representatives for mailing, shipping, or other expenses incurred by the Division to distribute information or displays to liquor stores at the request of a Supplier Representative.(7-1-24)

02.Maximum Fee for Samples. There will be a maximum fee of twenty-five dollars ($25) per case charged to Supplier Representatives for Samples.(7-1-24)

03.Maximum Fee for Annual Supplier Representative Permit. There will be a maximum fee of fifty dollars ($50) charged to Supplier Representatives each year for an annual permit.(7-1-24)

IDAPA 15.10.01.023 (Reserved)

IDAPA 15.10.01.031 State Stores Solicitation and Promotional Presentations

No school, church, fraternal, civic, political or charitable organization or individual is allowed to solicit for donations or advertise for any purpose on State Store premises.(7-1-24)

IDAPA 15.10.01.032 (Reserved)

15.06.01 Rules Governing the Idaho Public Safety Communications Commission

IDAPA 15.06.01.000 Legal Authority

Section 31-4816(18), Idaho Code.(4-6-23)

IDAPA 15.06.01.001 Scope

These rules govern the Commission’s mediation and grant processes.(4-6-23)

IDAPA 15.06.01.002 (Reserved)

IDAPA 15.06.01.010 Definitions

01.Applicant.

A Consolidated Emergency Communication Center submitting a grant application.

02.Commission. The Idaho Public Safety Communications Commission as established within the Military Division by Section 31-4815(1), Idaho Code.(4-6-23)

03.Consolidated Emergency Communication Center. A governmental or multi-governmental organization authorized to collect emergency communication fees in accordance with Title 31, Chapter 48, Idaho Code.(4-6-23)

04.Grant Cycle. The period between July 1 through the following June 30 for grant application distribution, submission, award notice and disbursement in accordance with dates established in Section 021 of these rules.(4-6-23)

05.Mediation. The process required by Section 31-4817, Idaho Code, as a condition precedent to local government agencies initiating any legal action.(4-6-23)

06.Taxing District. A fire protection district created pursuant to Section 31-1402, Idaho Code, an ambulance service created pursuant to Section 31-3901, Idaho Code, or an ambulance service district created pursuant to Section 31-3908, Idaho Code.(4-6-23)

IDAPA 15.06.01.011 (Reserved)

SUBCHAPTER A – RULES GOVERNING MEDIATION

IDAPA 15.06.01.012 Request for Mediation

The parties must submit a written request for mediation to the Commission demonstrating that all parties are req uesting the mediation. Mediation process is delineated in Commission Policy letter.(4-6-23)

IDAPA 15.06.01.013 Scheduled Group Mediation

Within fifteen (15) days from the date of receipt of a request for mediation, the Commission will schedule a date for a mediation at which all parties and a quorum of the Commission can be present, and notify the parties in writing of the date of the group mediation.(4-6-23)

IDAPA 15.06.01.014 Requirement of Submission of Documents and Exhibits

The Commission may require the parties to produce documents at or before the date set for the group mediation. Such documents may include, but are not limited to, individual statements of position from each party. The Commission will notify the parties in writing of any documents that may need to be produced and the date of submission. (4-6-23)

IDAPA 15.06.01.015 Individual Position St

ATEMENTS.

If the Commission requires individual statements of position from each party, the statements of position should begin with a one (1) page statement of the dispute.(4-6-23)

01.Stipulation of Facts. The parties are encouraged to stipulate to as many facts as possible and clearly identify what facts are being stipulated.(4-6-23)

02.Supporting Documents. The parties should present their entitlement position with specific references to appropriate supporting documents, to be included with the statement of position.(4-6-23)

IDAPA 15.06.01.016 Group Mediation

The Commission chairman, or in his absence the vice-chairman or other commissioner designated by the chairman, will preside over the mediation.(4-6-23)

IDAPA 15.06.01.017 Supplemental Documentation

The Commission may require the parties to provide supplemen tal documentation and may establish a date by which such documentation is due.(4-6-23)

IDAPA 15.06.01.018 Commission Recommendation

The Commission may make such recommendation orally or in writing.(4-6-23)

IDAPA 15.06.01.019 Termination of Mediation

The mediation is terminated as follows:(4-6-23)

01.Settlement. By the signing of a settlement agreement between the parties covering any or all of the issues between them; and/or(4-6-23)

02.Failure to Agree. By the written declaration of all parties and the chairman, on behalf of the Commission, that the parties could not come to an agreement in the mediation covering any or all of the issues between them.(4-6-23)

IDAPA 15.06.01.020 (Reserved)

SUBCHAPTER B – COMMISSION GRANTS

IDAPA 15.06.01.100 Grant Administration

01.Grant Administration.

The moneys that may be available through the ECGF are from the emergency communications fees placed in the Fund pursuant to Section 31-4819, Idaho Code. Administration of the Grants is detailed in Commission Policy Letter.(4-6-23)

IDAPA 15.06.01.101 Grant Cycle

01.Application Availability.

The Commission will make an application and guidance available no later than July 1 of each year.(4-6-23)

02.Application Period. The Applicant has until July 31 to complete and submit the application to the Commission.(4-6-23)

03.Application Evaluation Period. Prior to September 15, the Commission and, if applicable, a grant subcommittee, will evaluate the applications received.(4-6-23)

04.Award Notification. Prior to October 31, the Commission will issue notification to every Applicant regarding the disposition of its grant request.(4-6-23)

05.Grant Disbursement. Grant disbursement will occur prior to April 30.(4-6-23)

06.Deadline for Return of Funds. All unused grant funds not expended for costs associated with Applicant's award must be returned by the Applicant no later than May 31.(4-6-23)

IDAPA 15.06.01.102 Application

A completed application must be submitted by the Applicant on or before the conclusion of the application period to be considered during the Gra nt Cycle.(4-6-23)

01.Application Frequency. Only one (1) application per Consolidated Emergency Communication Center may be filed in any Grant Cycle, on the form required by the Commission.(4-6-23)

02.Incomplete Application. An application missing required information may be excluded from consideration for an award.(4-6-23)

03.Applicant’s Request for Amendment. An Applicant may amend its application after the application period has ended by sending both a written request and the proposed application amendment to the IPSCC grant subcommittee. The Commission may grant such amendments at its discretion.(4-6-23)

IDAPA 15.06.01.103 Award Eligibility Requirements

01.Equipment. Onl y equipment identified as allowable in the application guidance may be purchased with grant funds. (4-6-23)

02.Award Consideration Criteria. To be considered for an award, an Applicant must meet all of the following requirements: (4-6-23)

a.Be a Consolidated Emergency Communication Center collecting emergency communications fees in accordance with Title 31, Chapter 48, Idaho Code, delivering or seeking to deliver Consolidated Emergency Communication services; (4-6-23)

b.Comply and warrant to comply with applicable law, including but not limited to Section 31- 4804(5), Idaho Code; (4-6-23)

c.Agree to follow all applicable bid laws in the acquisition of any equipment paid for with grant funds; and (4-6-23)

d.Agree to use any grant funds in strict compliance with the grant terms and agree to provide written documentation or proof of expenses to the Commission as required by the grant terms.(4-6-23)

IDAPA 15.06.01.104 Criteria for Equipment

The following weighted criteria will be used to evaluate applications for equipment, with maximum weight available for each criterion as indicated. Greater value will be assigned to conditions indicating greater need for each criterion:

01.Applicant Equipment Age. The age of similar equipment currently in use by the Applicant; value = fifteen (15). The application demonstrating older equipment will be assigned greater value. The application demonstrating replacement of older equipment with NG911/I3 compliant equipment will be assigned a greater value.

02.Applicant Equipment Availability. Similar equipment currently in use by the Applicant; value = fifteen (15). The application demonstrating lack of similar equipment will be assigned greater value; the application demonstrating no access to similar equipment will be assigned the maximum value.(4-6-23)

03.Anticipated Use. An estimate of the frequency of use for the equipment; value = fifteen (15). The application demonstrating a higher ratio of dispatch per capita will be assigned greater value.(4-6-23)

04.Duration of Use. An estimate of the length of time the equipment would be used, expressed as a mean time; value = fifteen (15). The application demonstrating a greater duration of use will be assigned greater value.(4-6-23)

05.Fiscal Resource Base. The proportion of operating budget supported by tax revenue; value = ten (10). The application demonstrating less revenue from taxes expressed as a percent of total revenue for the most recent year will be assigned greater value.(4-6-23)

06.City, County and Taxing District Endorsement. The proportion of Idaho cities, counties and Taxing Districts within which the Applicant’s primary service area occurs that endorse the application; value = five (5). The application demonstrating a larger percent of endorsements will be assigned greater value.(4-6-23)

07.Population. The number of people residing in the Consolidated Emergency Communications Center’s service area; value = five (5). The application demonstrating a greater number of people will be assigned greater value.(4-6-23)

08.Square Mileage. The area served by the Consolidated Emergency Communications Center; value = fifteen (15). The application demonstrating a greater square mileage will be assigned greater value.(4-6-23)

09.Number of Law Enforcement, Fire and Emergency Medical Service Agencies Dispatched.

Value = ten (10). The application demonstrating a higher number of law enforcement, fire and emergency medical service agencies will be assigned greater value.(4-6-23)

10.Narrative. The need for and lack of availability of funds from other sources as documented by the Applicant; value = twenty (20). The application demonstrating a greater need for and lack of available funds will be assigned greater value. The application seeking to share resources and equipment with other 911 service areas (e.g., host remote) will be assigned a greater value.(4-6-23)

IDAPA 15.06.01.105 Fraudulent Information on Grant Application

Providing false information on any application or document submitted under these rules is grounds for declaring the App licant ineligible. Any and all funds determined to have been acquired on the basis of fraudulent information must be returned to the Commission.(4-6-23)

IDAPA 15.06.01.106 (Reserved)